Clark v. Holdridge
New York Supreme Court
APPEAL by the plaintiff from a judgment entered at the circuit, upon a trial before the court without a-jury.. The action was brought to recover of the defendant the sum of $200, which the plaintiff alleged he had been compelled- by the defendant to pay, as a fine for an alleged assault and battery, of which he was convicted before the defendant, as a court of special sessions.
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APPEAL by the plaintiff from a judgment entered at the circuit, upon a trial before the court without a-jury.. The action was brought to recover of the defendant the sum of $200, which the plaintiff alleged he had been compelled- by the defendant to pay, as a fine for an alleged assault and battery, of which he was convicted before the defendant, as a court of special sessions. The plaintiff claimed that the amount of the fine being over $50, the defendant had no jurisdiction, and his acts were void. It was stipulated and agreed between the parties that the facts were as follows: That the…
1Opinion of the Court
By the Court, Johnson, J.
The plaintiff, by his assignment, acquired no right of action against the defendant to recover back the money paid by his assignor. His assignor might have had the erroneous judgment and sentence against him reversed and vacated, upon certiorari from the court of sessions of the county, had he seen fit to pursue that remedy. (Sess. Laws of 1859, ch. 339.) The judgment was clearly erroneous and voidable, .the fine by way of punishment having been much larger than the defendant, as a court of special sessions, had a right to inflict. But it was not void absolutely. The…
2Cases cited4 opinions
- Weaver v. DevendorfNew York Supreme Court · 1846
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Horton v. AuchmoodyNew York Supreme Court · 1831
- Butler v. PotterNew York Supreme Court · 1819
3Cited by6 opinions
- State ex rel. Egan v. WoleverIndiana Supreme Court · 1891
- Austin v. . VroomanNew York Court of Appeals · 1891
- Kraft v. de VerneuilAppellate Division of the Supreme Court of the State of New York · 1905
- Bocock v. CochranNew York Supreme Court · 1884
- Burns v. NortonNew York Supreme Court · 1891
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