Wood v. Peake
New York Supreme Court
IN ERROR, from the court of common pleas of r Montgomery county. Peake brought an action of trespass against Wood, m - r , . , . -cv the court below, tor taking and carrying away, m January, 1809, two horses belonging to the plaintiff beloxv.
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IN ERROR, from the court of common pleas of r Montgomery county. Peake brought an action of trespass against Wood, m - r , . , . -cv the court below, tor taking and carrying away, m January, 1809, two horses belonging to the plaintiff beloxv. The defendant below gave in evidence an appointment, under the hands and seals of three justices of the peace, of the town of S. in the county of Montgomery, dated the 27th December, 1808, which stated that it appeared to them, that Jonathan Laurence, one of the constables of said county, had, for more than 15 days past refused to serve in his office,…
1Per curiam
The act (Laws, vol. 1. 326, 327. 329.) declares, that “ if any constable, chosen, Uc. shall refuse to serve, it shall be lawful for the inhabitants of the town to supply such vacancy at a special town meeting, to be notified and held, Ue.; and that if the town shall not, with n 15 days next after such refusal, Uc. choose another, it shall be *71lawful for any three justices of the peace residing in or near such town, and they are required by warrant under their hands and seals, to appoint every such officer which the town ought to have chosen; and every officer so appointed, shall hold his…
2Cited by15 opinions
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- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
- Thurston v. MartinU.S. Circuit Court for the District of Rhode Island · 1830
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- People ex rel. Phillips v. LiebIllinois Supreme Court · 1877
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