Sturges v. Allis & Lee
New York Supreme Court
This was an action of assumpsit, tried at the Orleans circuit in August, 1831, before the Hon. Addison Gardiner, one of the circuit judges. Sturges sued Allis & Lee in the Orleans common pleas, in which court the plaintiff was nonsuited, and the defendants had judgment for costs; on which they issued an execution, and the plaintiff paid the sum of $237,87 to the sheriff.
Read the full summary
This was an action of assumpsit, tried at the Orleans circuit in August, 1831, before the Hon. Addison Gardiner, one of the circuit judges. Sturges sued Allis & Lee in the Orleans common pleas, in which court the plaintiff was nonsuited, and the defendants had judgment for costs; on which they issued an execution, and the plaintiff paid the sum of $237,87 to the sheriff. The plaintiff sued out a writ of error to this court, and the judgment of the common pleas was reversed; a venire de novo was awarded to be issued by the common pleas, and the costs of reversal to abide the event of the suit.…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff'brings assumpsit to recover money collected from him under a judgment which has been reversed. That the action lies, has been expressly adjudged, 6 Cowen, 299.
The defendant contends that the plaintiff cannot recover until the determination of the cause in the court below, a ve= *355ñire de novo having been awarded. The defendants in error recovered in the court below their costs in that court and collected them. The judgment of reversal is, that the plaintiff shall he restored to what he has lost, and that the costs in this court abide the event. The…
2Cited by22 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Lott v. SwezeyNew York Supreme Court · 1859
- Beard v. BeardWest Virginia Supreme Court · 1885
17 more not listed; retrieve them via the Exa API.