Mappa v. Pease
New York Supreme Court
Error from the Lewis common pleas. J. Mappa, as administrator, &c. of A. G. Mappa, deceased, recovered a judgment against Alpheus Pease before a justice of the peace.
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Error from the Lewis common pleas. J. Mappa, as administrator, &c. of A. G. Mappa, deceased, recovered a judgment against Alpheus Pease before a justice of the peace. The defendant appealed to the Lewis common pleas, and the justice made his return that “ the plaintiff declared on a promissory note, purporting to have been drawn by the defendant payable to the plaintiff, in the following words, to wit: “ For value received I promise to pay Adam G. Mappa or bearer thirty-four dollars on or before the first day of October next, with use, in good merchantable stock at cash price, bulls and stags…
1Opinion of the Court
By the Court,
Co wen, J.
The cause must undoubtedly be tried in the common pleas, on the issue joined before the justice, and no other ; and no declaration was allowable except that which was returned by him. 2 R. S. 262, $214. The statute requires the justice, among other things, to return “ the demand of the plaintiff” in the justice’s court; “ and if his declaration was in writing, a copy thereof shall be set forth.” 2 R. S. 260, $194, sub. 2. And section 195 requires him to file with the clerk of the common pleas “ all the papers filed with him by either party, relating to the cause.” In…
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