Breese v. Williams
New York Supreme Court
IN ERROR to the Court of Common Pleas of Washington county. Williams and Boies sued Breese in a Justice’s Court, on a promissory note, dated December 13, 1817, *"or twenty-six dollars, with interest. Breese admitted, that jJe gave the note, and pleaded in bar a discharge under the insolvent act, and produced his discharge, dated April 28, 1818, signed by William Robareis, first Judge of the Court of Common Pleas of Washington county.
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IN ERROR to the Court of Common Pleas of Washington county. Williams and Boies sued Breese in a Justice’s Court, on a promissory note, dated December 13, 1817, *"or twenty-six dollars, with interest. Breese admitted, that jJe gave the note, and pleaded in bar a discharge under the insolvent act, and produced his discharge, dated April 28, 1818, signed by William Robareis, first Judge of the Court of Common Pleas of Washington county. The plaintiffs demurred to the plea; and the Justice, considering the discharge invalid, gave judgment for the plaintiffs, for 28 dollars ant* cents. The…
1Per curiam
The recovery before the Justice was for more than $25, besides costs; but it was upon an issue in law, without any issue in fact. The 17th section of “ the act to extend the jurisdiction of Justices of the Peace,” gives a right of appeal where a judgment shall be " rendered, either upon verdict or without a jury trial, above the sum of twenty-five dollars.” (Sess. 41. ch. 94.) According to the scope and provisions of the whole act, it is clear, that the right of appeal applies only to judgments on issues in fact. The statute contemplates and provides for a new trial upon the testimony of the…
2Cited by1 opinion
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