Slaman v. Buckley
New York Supreme Court
THIS action originated in a justice’s court. The complaint charged the defendant with taking a wagon and part of a harness from the plaintiff’s barn, without his consent, in the fall of 1856; and that the wagon was returned broken; but that the part of the harness taken, was never returned. The answer was a general denial of each and every allegation contained in the complaint. The action was tried without a jury.
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THIS action originated in a justice’s court. The complaint charged the defendant with taking a wagon and part of a harness from the plaintiff’s barn, without his consent, in the fall of 1856; and that the wagon was returned broken; but that the part of the harness taken, was never returned. The answer was a general denial of each and every allegation contained in the complaint. The action was tried without a jury. The only statement in the justice’s return, from which it can be ascertained what judgment he rendered, is in these words, namely : “ The case was submitted on the 12th day of June,…
1Opinion of the Court
By the Court, Balcom, J.
I am of the opinion the justice’s return shows that he rendered a judgment against the *290defendant for some amount of damages, with $2.74 costs. This is the only legitimate inference that can be drawn from the return. Ho claim was alleged, or proved, to authorize the justice to award damages to the defendant. The plaintiff, only, could recover "damages, under the pleadings. Ho presumption, therefore, can be indulged that the justice rendered a judgment for damages in favor of the defendant. If the plaintiff was in reality beaten by the justice, he should have procured an…
2Cases cited3 opinions
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
- Walrod v. BallNew York Supreme Court · 1850
- Nellis v. TurnerNew York Supreme Court · 1847