Bellows & Hopkins v. Pearson
New York Supreme Court
HSf ERROR, on certiorari to a Justice’s Court. Pearson, 7 brought an action before the justice against B. and H. for . Jo breaking his looking-glass. The defendant B. pleaded in , ° , . , ° ° . „ 5 , ,, abatement, that he was an attorney of this Court, and that this Court was sitting, in August term, when the. summons issued against him was returnable.
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HSf ERROR, on certiorari to a Justice’s Court. Pearson, 7 brought an action before the justice against B. and H. for . Jo breaking his looking-glass. The defendant B. pleaded in , ° , . , ° ° . „ 5 , ,, abatement, that he was an attorney of this Court, and that this Court was sitting, in August term, when the. summons issued against him was returnable. This plea, on demurrer, was overruled by the justice, on the ground, that B., being sued jointly with another, was not entitled to his privdege. Both defendants, when they appeared, objected that the justice was the son-in-law of the plaintiff,…
1Per curiam
We have scrutinized the evidence, and see no ground for exemplary damages. The defendants have reason to complain that the damages are outrageously excessive. That the justice, who admitted that he was the son-in-law of the plaintiff, insisted on retaining jurisdiction, was, of itself, evidence, that the trial was not fair and impartial. The judgment ought, therefore, to be reversed.
Judgment reversed.
2Cited by5 opinions
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