Parsons v. Chamberlin
New York Supreme Court
This was an action of false imprisonment, tried at the Seneca circuit in June, 1829, before the-Hon. Daniel Mosely, one of the circuit jugdes. The imprisonment complained of was an arrest on a justice’s execution, which it was alleged had been illegally renewed.
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This was an action of false imprisonment, tried at the Seneca circuit in June, 1829, before the-Hon. Daniel Mosely, one of the circuit jugdes. The imprisonment complained of was an arrest on a justice’s execution, which it was alleged had been illegally renewed. The judgment was rendered against the plaintiff here (the defendant below) on the 25th September, 1826; an execution was issued on the 14th November, 1826 ; the office of the justice expired on the 31st December, 1827 ; on the 28th April, 1828, the justice renewed the execution, and again on the 30th June, 1828, on which day the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only important question in this case is, whether the #50 , act of 1824, in reference to this subject, means calendar or lunar months. The ■22d section is as follows : " That it shall be lawful for any justice of the peace, who shall hereafter render any judg*513ment in any cause, and who shall, before the collection of the money due thereon, be removed from office, to issue an execution thereon at any time within six months after such removal ; which execution shall, to all intents and purposes, be as valid and effectual as if such removal had not been made.”
The…
2Cases cited1 opinion
- Silva v. LowNew York Supreme Court · 1799
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