Close v. Stuart
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Close sued Stuart in a justice’s court, and declared against him in assumpsit. The defendant pleaded the general issue and a former suit for the same cause of action, judgment rendered in favor of the plaintiff, and the amount collected and paid.
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Error from the supreme court. Close sued Stuart in a justice’s court, and declared against him in assumpsit. The defendant pleaded the general issue and a former suit for the same cause of action, judgment rendered in favor of the plaintiff, and the amount collected and paid. The plaintiff replied that the judgment set forth in the plea had been reversed on certiorari sued out by the defendant, who rejoined that no money had been collected by him on the reversal of the judgment ; to which rejoinder the plaintiff demurred, and the defendant joined in demurrer. The cause was tried by a jury in…
1Opinion of the Court
The following opinion was delivered:
By the Chancellor,
This cause originally was commenced in a justice’s court, and was then of very little importance. If judgment had been given there for the defendant on the demurrer, perhaps no injustice would have been done, although that judgment might have been technically wrong. The only question then, was, whether the defendant should plead the former proceedings in bar of the plaintiff’s demand, or off set the amount to which he was entitled on the reversal upon certiorari of the former judgment. If the defendant had obtained the full benefit of the…
2Cited by11 opinions
- Ball v. GardnerNew York Supreme Court · 1839
- Union National Bank v. Manistee Lumber Co.Appellate Court of Illinois · 1892
- Mayor of Jersey City v. RikerSupreme Court of New Jersey · 1876
- Burrows v. MicklerSupreme Court of Florida · 1886
- Young v. BrushNew York Court of Appeals · 1864
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