Schermerhorn v. Tripp
New York Supreme Court
Error from the common pleas in Rensselaer county. The suit below was trespass de■ bonis , asportaiis, against a justice of the peace, a constable, and a plaintiff, in a suit before the justice under the 101. act, for taking the goods of the defendant, in an execution on a judgment rendered by the justice. The defendants all joined in a plea of not guilty.
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Error from the common pleas in Rensselaer county. The suit below was trespass de■ bonis , asportaiis, against a justice of the peace, a constable, and a plaintiff, in a suit before the justice under the 101. act, for taking the goods of the defendant, in an execution on a judgment rendered by the justice. The defendants all joined in a plea of not guilty. The evidence adduced was, that the justice lived in a tavern where he officiated as the tavernkeeper, made out the bills, and received payment for them, but that the justice did bis business in a small out-room, and the license for the house…
1Opinion of the CourtSpencer, J.
The same point has been decided in this court in the case of Percival v. Jones, which was an action Drought by a resident freeholder, under the 3d section, (1 Rev. Laws, 492,) against a justice, for apprehending him on a warrant.
Woodworth Was stopped by the court.
Per Curiam. From the evidence below it was conclusively shown, that the justice (Schermerhorn) was, in fact, a keeper of a tavern, or lived in one. If so, he had nc jurisdiction to try the cause, (1 Rev. Laws, 502, s. 20,) and as the constable (Mason) joined with him and the plaintiff in pleading the general issue, they are all…
2Cited by9 opinions
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- Bates v. ConklíngNew York Supreme Court · 1833
- United States v. LinnSupreme Court of the United States · 1843
- Andrus v. WaringNew York Supreme Court · 1822
- Merrill v. NearNew York Supreme Court · 1830
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