Willey v. Shaver
New York Supreme Court
The plaintiff brought this action in a justice’s court to recover the value of his heifer from, the defendants. The heifer had been sold under a warrant issued by defendants as trustees of school district Mo. 13, of the town of Dryden, in the county of Tompkins. The plaintiff had a recovery before the justice.
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The plaintiff brought this action in a justice’s court to recover the value of his heifer from, the defendants. The heifer had been sold under a warrant issued by defendants as trustees of school district Mo. 13, of the town of Dryden, in the county of Tompkins. The plaintiff had a recovery before the justice. The defendants brought an appeal from that judgment to the county court of Tompkins county, and the action was retried, with a jury, before the Hon. A. P. Smith, county judge of Cortland county, holding the county court of Tompkins county. Upon the retrial the plaintiff recovered a…
1Opinion of the CourtJ. Potter, J.
This is an appeal from an order made at special term, upon a motion by plaintiff to be allowed his costs of appeal to the general term, and involves a decision of the question, whether the certificate of the good faith of the defendants, granted by county judge Smith on the trial in county court, in doing the act complained of, exempts the defendants from liability for the costs of the appeal to the general term, where judgment was rendered against them.
It is plain the decision of that question must rest upon that certificate alone, and not at all upon the subsequent certificate given by…
2Cases cited6 opinions
- Traver v. NicholsNew York Supreme Court · 1831
- Fenno v. DickinsonNew York Supreme Court · 1847
- Brockway v. JewettNew York Supreme Court · 1853
- Ex parte BennettNew York Supreme Court · 1846
- People ex rel. Bendon v. County Judge of RensselaerNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People ex rel. Yale v. EcklerNew York Supreme Court · 1880