Rich v. Hogeboom
New York Supreme Court
Error to the common pleas of Yates county, to review a judgment of that court, reversing a judgment of a justice of the peace. Hogeboom was the plaintiff before the justice, and declared in debt upon a former judgment recovered by him against the defendants before another justice. Nul tiel record was pleaded; and on the trial the evidence to prove the judgment was a transcript of the docket of the justice who rendered it.
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Error to the common pleas of Yates county, to review a judgment of that court, reversing a judgment of a justice of the peace. Hogeboom was the plaintiff before the justice, and declared in debt upon a former judgment recovered by him against the defendants before another justice. Nul tiel record was pleaded; and on the trial the evidence to prove the judgment was a transcript of the docket of the justice who rendered it. The plaintiff was nonsuited by the justice, and the common pleas reversed the judgment, whereupon the defendants brought error here. The facts which appeared upon the…
1Opinion of the Court
By the Court, Beardsley, J.
The only question of any moment in this case is, whether the judgment declared on was void, as having been rendered in an action of which the justice who assumed to render it had no jurisdiction. If, as is alleged, the judgment was rendered in an action for an assault and battery, it is clear the justice acted without authority, and the judgment was utterly void. Upon this point we have nothing to guide us but what appears in the transcript given in evi *454dence, for no other proof was furnished by either party. The transcript shows that the action was, in form,…
2Cited by2 opinions
- Stephenson v. HallNew York Supreme Court · 1852
- Bull v. ColtonNew York Supreme Court · 1856