Christopher v. Van Liew
New York Supreme Court
APPEAL by the plaintiff from a judgment of the county court of Seneca county, reversing the judgment of a justice of the peace. In 1865 the defendant was an acting justice of the peace of the town of Ovid, Seneca county. The plaintiff, Daniel Christopher, brought suit against one Samuel Smith for house rent, money lent and property sold, before this defendant, as justice. Samuel Smith appeared and put in a defense, to wit, for work, &c.
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APPEAL by the plaintiff from a judgment of the county court of Seneca county, reversing the judgment of a justice of the peace. In 1865 the defendant was an acting justice of the peace of the town of Ovid, Seneca county. The plaintiff, Daniel Christopher, brought suit against one Samuel Smith for house rent, money lent and property sold, before this defendant, as justice. Samuel Smith appeared and put in a defense, to wit, for work, &c. Each party was sworn as to the correctness of his account, and it appears the justice took four'days to decide. The justice was sworn in the subsequent…
1Opinion of the Court
By the Court, Johnson, J.
The statute requires a justice of the peace, after the trial of an action before him, to “ render judgment,” and “enter the same in his docket” within certain prescribed times. (2 R. S. 247, § 124.) The action, in the case which forms the subject of this action, was tried before the defendant as a justice, and he afterwards, and within the proper time, adjudged and determined in some manner, that the' plaintiff was entitled to a judgment against the defendant, in such action, for the sum of $37.13 damages, and $4.06 costs. But instead of entering that judgment upon…
2Cases cited2 opinions
- Sibley v. HowardNew York Supreme Court · 1846
- Stephens v. SanteeNew York Supreme Court · 1868
3Cited by6 opinions
- Cornell v. CornellNew York Court of Appeals · 1959
- Packet Co. v. BellvilleWest Virginia Supreme Court · 1904
- Keating v. SerrellNew York Court of Common Pleas · 1874
- Luckie v. GoddardNew York Supreme Court · 1939
- Putman v. Van AllenNew York Supreme Court · 1887
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