Merwin v. Rogers
New York Court of Common Pleas
Appeal from city court, general term. Action by Samuel Merwin and others against Andrew J. Rogers, to recover damages for misconduct of defendant as the justice of the tenth district court in the city of Hew York. The special term of the city court sustained a demurrer to the complaint, ( 1H. Y. Supp. 211,) and this judgment was affirmed by the general term, (2 H. Y. Supp. 396.) Plaintiffs again appeal.
1Opinion of the CourtDaly, J.
It appears that the defendant, while sitting as a justice of a district court in the city of Hew York,—that being an inferior court of limited jurisdiction,—and having before him a certain action of Merwin and others (these plaintiffs) against John A. Mapes, upon the return-day of the summons herein, and having the summons, verified complaint, and due proof of service thereof upon the defendant before him, and no answer being filed by defendant, refused then and there to give judgment for the plaintiff, as required by the Code, §§ 3126, 3207, but adjourned the cause for three days, against…
2Cases cited3 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Striker v. MottNew York Supreme Court · 1831
- Horton v. AuchmoodyNew York Supreme Court · 1831
3Cited by1 opinion
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1893