Hodge v. Adee
New York Supreme Court
This action was brought before a justice of the peace upon a complaint for wrongfully taking and converting a cow, valued at sixty dollars.
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This action was brought before a justice of the peace upon a complaint for wrongfully taking and converting a cow, valued at sixty dollars. The defendants pleaded a sale by the defendant, Smith, as constable, under execution against one Tupper, upon a judgment of a justice of the peace at Delhi, in Delaware county, rendered on or about August 27, 1864. The summons in this action was issued September 23,1867, and judgment recovered in favor of the plaintiff, from which the defendants appealed, and had a new trial in the County Court, where a jury gave a verdict for the plaintiff, upon which…
1Opinion of the Court
By the Court
Balcom, P. J.
The judgment rendered by Hathaway, as a justice of the peace, in favor of Forman, against Tupper, for twelve dollars and ninety-three cents, was not void, although the constable who served the summons in the suit appeared as attorney for the plaintiff on the return day, and presented the note on which the judgment was rendered, and proved the execution of the note as a witness. (See Wilkinson v. Vorce, 41 Barbour, 370.) It was erroneous, and it could have been reversed on appeal. (See 2 R. S., 233, § 44; Laws of 1864, p. 1006, chap. 421; Ford v. Smith, 11 Wend., 73;…
2Cases cited5 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
- Otis v. WoodNew York Supreme Court · 1830
- Chapman v. FullerNew York Supreme Court · 1849
- Miles v. PulverNew York Supreme Court · 1846