Legal Opinion

Robbins v. Gorham

New York Supreme Court

Decided February 8, 1858PublishedCited by 1 opinion

APPEAL from a judgment of the Chautauque county court, affirming the judgment of a justice’s court. The appellant, Gorham, was a justice of the peace of the town of Pomfret, Chautauque county. An action of which he had jurisdiction was pending before him as such justice, on the 6th July, 1855, and came on for trial on that day.

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APPEAL from a judgment of the Chautauque county court, affirming the judgment of a justice’s court. The appellant, Gorham, was a justice of the peace of the town of Pomfret, Chautauque county. An action of which he had jurisdiction was pending before him as such justice, on the 6th July, 1855, and came on for trial on that day. On demand of the parties the justice issued a venire, and amongst others Robbins, the respondent, was duly summoned and returned as one of the jurors. He did not appear on the jury being called nor at any time during the trial of the cause. The trial of the cause…

1Opinion of the Court

By the Court, Davis, P. J.

The objection that the justice did not “ enter in his docket a minute of the conviction,” as directed by statute, (2 R. S. 241, § 87,) is fully disposed of by the cases cited by the appellant’s counsel. There is no essential difference between the language of this section and of that directing the entry of other judgments of justices of *588the peace; and the decisions both of this court- and of thé court of appeals settle that it is to be regarded as- merely directory. (Hall v. Tuttle, 6 Hill, 38. Walrod v. Shuler, 2 Comst. 134.)

It is to be regretted that the…

2Cases cited6 opinions

  1. Weaver v. DevendorfNew York Supreme Court · 1846
  2. Horton v. AuchmoodyNew York Supreme Court · 1831
  3. Foster v. HazenNew York Supreme Court · 1850
  4. Richmond v. DaytonNew York Supreme Court · 1813
  5. Moor v. AmesNew York Supreme Court · 1805

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Railroad v. HutchinsOhio Supreme Court · 1881

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