Thayer v. Van Vleet
New York Supreme Court
ON certiorari, from a justice’s court. Van Vleet brought an action of debt against Thayer, -before the justice, for having an execution, as a constable, in favour of the plaintiff against one John Ralye, 'and neglecting to execute it, according to law.
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ON certiorari, from a justice’s court. Van Vleet brought an action of debt against Thayer, -before the justice, for having an execution, as a constable, in favour of the plaintiff against one John Ralye, 'and neglecting to execute it, according to law. The defendant pleaded nil debet; and exhibited a receipt A * from the plaintiff for two beds and bedding, two chests, k e ° U pair of horses, and a table, received of the defendant, as constable, and to be accounted for on demand. At the trial before a jury, the parties exhibited their proofs, and the demand appeared to have been sufficientIy…
1Per curiam
The evidence was sufficient to justify the verdict; and the fact of the justice going to the jury and answering the question of law put to him, is not an irregularity for which the verdict ought to be set aside. There was in this case no semblance of abuse; and the consent of the parties may be inferred.
Judgment affirmed.
2Cited by8 opinions
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