Estus v. Baldwin
New York Supreme Court
Motion on the part of appellant for an order directing the clerk of Livingston County to adjust, and insert in the judgment, treble costs before the justice, in the county court, and in this court. Estus sued Baldwin before a justice for taking personal property, and recovered judgment, which was affirmed on-appeal to the county court of Livingston County: on appeal to this court, the judgment of the county court and that of the justice were reversed.
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Motion on the part of appellant for an order directing the clerk of Livingston County to adjust, and insert in the judgment, treble costs before the justice, in the county court, and in this court. Estus sued Baldwin before a justice for taking personal property, and recovered judgment, which was affirmed on-appeal to the county court of Livingston County: on appeal to this court, the judgment of the county court and that of the justice were reversed. The trespass complained of was justified by Baldwin, who was a constable, under a warrant issued by the president of a court martial, to…
1Opinion of the Court
Welles, Justice.
The judgment of this court at general term, on the appeal from the county court, reversed the judgments both of the justice and the county court; and its effect was to restore the appellant to all things which he had lost by occasion of those judgments. Section 830 of the Code declares, among other things, that “when the judgment is reversed or modified, the appellate court may make complete restitution of all property and rights lost by the erroneous judgment.” Although the language of the section is “may make restitution,” &e., I entertain no doubt that the true construction…
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