Mitchell v. Hawley
New York Supreme Court
Debt, tried before Monell, late C. Judge, at the Chenango circuit in August, 1844. The action was upon a justice’s judgment. Hawley only was served with process, and he appeared and pleaded the general issue, under which he gave notice of special matter. On the trial it appeared that the plaintiffs had sued the defendants before a justice of the peace, and the summons ivas served on Foote and Taylor, but not on Hawley. Tayloi alone appeared in that suit and defended.
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Debt, tried before Monell, late C. Judge, at the Chenango circuit in August, 1844. The action was upon a justice’s judgment. Hawley only was served with process, and he appeared and pleaded the general issue, under which he gave notice of special matter. On the trial it appeared that the plaintiffs had sued the defendants before a justice of the peace, and the summons ivas served on Foote and Taylor, but not on Hawley. Tayloi alone appeared in that suit and defended. It was brought to recover the amount of a promissory note for $45— signed by Foote as principal and by Hawley and Taylor as…
1Opinion of the Court
By the Court, Beardsley, J.
It was said in James v. Henry, (16 John. 233,) “ that a justice’s judgment was equivalent, at least, to a specialty; and that assumpsit will not, therefore, lie on such a judgment.” But, strictly speaking, the judgment of a justice, in a case of which he has jurisdiction, is much more than equivalent to a specialty, for that’ may be impeached on various grounds, as fraud or illegality. Such a judgment, however, while unreversed, is, for every purpose, as conclusive between the parties as that of the highest court of record in the state. (Pease v. Howard, 14 John.…
2Cases cited4 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Pease v. HowardNew York Supreme Court · 1817
- Daniels & Lamont v. HallenbeckNew York Supreme Court · 1838
- James v. HenryNew York Supreme Court · 1819
3Cited by17 opinions
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Boffinger v. TuyesSupreme Court of the United States · 1887
- Esmond v. Van BenschotenNew York Supreme Court · 1852
- Hallock v. . DominyNew York Court of Appeals · 1877
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