Smith v. Moore
Supreme Court of Connecticut
Petition for a mandamus to compel the respondent, a justice of the peace, to make a true record of a judgment rendered by him, and to furnish the petitioner a copy. The petition was brought to the Superior Court for Tolland county, which issued an alternate mandamus, to which the respondent replied that he had made a true record of the judgment, and furnished the petitioner a copy, on which issue was joined.
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Petition for a mandamus to compel the respondent, a justice of the peace, to make a true record of a judgment rendered by him, and to furnish the petitioner a copy. The petition was brought to the Superior Court for Tolland county, which issued an alternate mandamus, to which the respondent replied that he had made a true record of the judgment, and furnished the petitioner a copy, on which issue was joined. The court found the following facts, and reserved the case for advice. On the- 10th day of August, 1867, Merrick A. Marcy, of Union, in the county of Tolland, brought an action of…
1Opinion of the CourtPark, J.
A justice of the peace is a judicial and ministe-
rial officer. He performs judicial duty in the trial of causes, and ministerial duty in recording his judgments. He is both judge and clerk of his courts. His duties as recording officer are similar in every respect to those performed by the clerks of the higher courts. The only difference in the cases consists in the sources of knowledge that they have of the judgments that have been rendered which they are required to record. The one has primitive, and the other derivative knowledge. The one knows because he was judge, while the others rely…
2Cases cited2 opinions
- Weed v. WeedSupreme Court of Connecticut · 1856
- Boston Turnpike Co. v. Town of PomfretSupreme Court of Connecticut · 1850
3Cited by14 opinions
- Bassett v. AtwaterSupreme Court of Connecticut · 1895
- McCarthy v. ClancySupreme Court of Connecticut · 1930
- Corthell v. MeadSupreme Court of Colorado · 1894
- Jones v. Bank of CummingSupreme Court of Georgia · 1908
- Alcorn v. FellowsSupreme Court of Connecticut · 1925
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