Griffin v. Mitchell
New York Supreme Court
False imprisonment. Plea, that on the 8th day of F'e’bru.a.ry, 1822, one L. recovered judgment before a Justice of the Peace, for $29 21, and had execution thereupon, returnable in ninety days, against Griffin, the plaintiff in this sujt whereon he was imprisoned; and that Mitchell, .the , . - . , " ■ ’ 1 ’ , defendant m this suit, was the attorney oí L. and conducted su^ before the Justice, and caused the plaintiff, .Griffin, to be imprisoned, which is the same trespass…
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False imprisonment. Plea, that on the 8th day of F'e’bru.a.ry, 1822, one L. recovered judgment before a Justice of the Peace, for $29 21, and had execution thereupon, returnable in ninety days, against Griffin, the plaintiff in this sujt whereon he was imprisoned; and that Mitchell, .the , . - . , " ■ ’ 1 ’ , defendant m this suit, was the attorney oí L. and conducted su^ before the Justice, and caused the plaintiff, .Griffin, to be imprisoned, which is the same trespass whereof the plaintiff complains, ,&c. Replication, admitting the truth 0f ule plea, but averring that the judgment was by…
1Opinion of the Court
Curia, per Savage, Ch. Justice.
By the revised laws of 1801, (a) it is enacted “ that when any parties shall agree to enter an action before any Justice without any process, the Justice shall proceed to trial in the same manner as if a summons or warrant had issued.” Under this act, Justices adopted a practice of entering judgments by confession of the- defendant, and this Court sanctioned the practice.(b) By the revised laws of 1813,(c) it is enac.ted, “ that whenever any parties agree to join an issue without process, .the Justice .shall proceed to try the same as if process had issued.” The…
2Cases cited3 opinions
- Butler v. PotterNew York Supreme Court · 1819
- Bromaghin v. ThorpNew York Supreme Court · 1818
- Martin v. MossNew York Supreme Court · 1810
3Cited by6 opinions
- Lester v. GovernorSupreme Court of Alabama · 1847
- Park v. Church & AtwellNew York Supreme Court · 1851
- Ely v. CookNew York Court of Common Pleas · 1858
- Ely v. CookNew York Court of Common Pleas · 1859
- Stone v. WilliamsNew York Supreme Court · 1863
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