Millard v. Jenkins
New York Supreme Court
Error to the Onondaga common pleas. Millard sued Jenkins in a justice’s court for a false return made to the Onondaga common pleas, on an appeal by Millard, from a judgment against him, rendered by Jenkins, as a justice of the peace, in a suit in favor of S. Hall and J. McClure.
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Error to the Onondaga common pleas. Millard sued Jenkins in a justice’s court for a false return made to the Onondaga common pleas, on an appeal by Millard, from a judgment against him, rendered by Jenkins, as a justice of the peace, in a suit in favor of S. Hall and J. McClure. The falsity of the return was alleged to consist in stating that the judgment was rendered on the nineteenth, instead of the twentieth day of February, 1828, in consequence of which the appeal was quashed, for the reason that the appeal bond, which stated the day of the rendition of the judgment to be the twentieth,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
So far as the plaintiff attempted to recover on the ground of a false return, the common pleas undoubtedly decided correctly. The first return stated the verdict on the nineteenth day of February, and judgment thereon, and left it as a legal inference that the judgment was rendered on the same day that the verdict was brought in. The additional return stated the facts as they took place, from which it was adjudged by this court that the judgment was of course immediately consequent upon the verdict, and was a judgment of the nineteenth.
But the ground of complaint…
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