Wells v. Newkirk
New York Supreme Court
In error on certiorari to a justice’s court. The principal error assigned was, that the defendant, who was plaintiff below, sued in the capacity of an executor, and that a justice has no jurisdiction in any case in which an executor is a party.
1Per curiam
We think that the exception to the jurisdiction of the justice is well taken. The statute from which he derives his authority applies only to cases in which the parties act in their own right, and not to eases in which they appear in auter droit. This is to be collected from the general tenor of the statute, and the provisions contained in it. All its process and the judgments. to be given under it, are founded on the idea of personal responsibility. Thus *274the defendant1 may■ he arrested by warrant, without any exception as to the character or capacity in which he may be sued; the judgment to…
2Cited by2 opinions
- Thomas v. RobinsonNew York Supreme Court · 1829
- Edwards v. ElbertNew York Supreme Court · 1815