Legal Opinion

Dawson v. Horan

New York Supreme Court

Decided June 1, 1868PublishedCited by 8 opinions

APPEAL by the defendants from a judgment of the Monroe county court. The action was commenced before W. E. Carpenter, Esq. a justice of the peace of the city of Eochester, and was brought to recover wages for labor by the plaintiff, as foreman on Front street improvement, in 1861, alleged to be due the plaintiff from the defendant Horan, and charging the other defendants as also 'liable in said action, for that they were sureties with said Horan on a laborers’ bond, given in…

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APPEAL by the defendants from a judgment of the Monroe county court. The action was commenced before W. E. Carpenter, Esq. a justice of the peace of the city of Eochester, and was brought to recover wages for labor by the plaintiff, as foreman on Front street improvement, in 1861, alleged to be due the plaintiff from the defendant Horan, and charging the other defendants as also 'liable in said action, for that they were sureties with said Horan on a laborers’ bond, given in pursuance of the provisions of the Eochester city charter. The defendants denied indebtedness; the execution of a…

1Opinion of the Court

By the Court, James C. Smith, J.

After an attentive examination of the numerous points taken by the appellant’s counsel, I am unable to discover any substantial error in this case.

The charter of the city of Rochester creates three justices of the peace in said city, to be elected by the legal voters of the city, and provides that in exercising civil jurisdiction they shall be deemed justices of the peace of the county of Monroe, and that the general laws relating to proceedings before justices of the peace of the several towns in the state shall be applicable to proceedings before them. (Laws…

2Cases cited2 opinions

  1. Brandon v. . AveryNew York Court of Appeals · 1860
  2. Waters v. LangdonNew York Supreme Court · 1863

3Cited by8 opinions

  1. Clayton v. ClarkSupreme Court of New Jersey · 1893
  2. Ziegler v. CorwinAppellate Division of the Supreme Court of the State of New York · 1896
  3. Armstrong v. Kennedy, New York County Courts1898
  4. Knight v. CampbellNew York Supreme Court · 1872
  5. Knight v. CampbellNew York Supreme Court · 1872

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