Stoddard v. Holmes
New York Supreme Court
On certiorari to a Justice’s Court. In trespass de bonis asportatis, in the Court below, by Holmes against Stoddard <£• Geege, the defendants severed in their pleas; G. pleading the general issue, and S. the general issue and a justification under an execution, which he had issued as a Justice against the goods and chattels of the plaintiff.
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On certiorari to a Justice’s Court. In trespass de bonis asportatis, in the Court below, by Holmes against Stoddard <£• Geege, the defendants severed in their pleas; G. pleading the general issue, and S. the general issue and a justification under an execution, which he had issued as a Justice against the goods and chattels of the plaintiff. The cause being adjourned to the 26th August, 1822, the Justice was absent on this day, and H. and S, .in G’s absence, agreed that the cause should be tried on the 3d Sept, before the Justice, which was done accordingly, G. being absent: and a verdict and…
1Opinion of the Court
Curia.
By the adjournment of the cause to the 26th August, and the non-attendance of the Justice that day, the pause was discontinued. (West v. Critsinger, 4 John. 117.) The consent of the plaintiff and Stoddard, afterwards, gave the Justice jurisdiction as to them. But the defendant, Geege, did not appear,(a) nor- give his assent to the proceedings. The Justice erred also in admitting the declarations of Geege, who was strictly not a party to the cause, although judgment was rendered against him,
Judgment reversed.
Vid. Hubbard v. Spencer, (15 John. 244,) where the judgment was Rolden void, as…
2Cases cited2 opinions
- Wiest v. CritsingerNew York Supreme Court · 1809
- Hubbard v. SpencerNew York Supreme Court · 1818
3Cited by6 opinions
- Bennett v. MannixNew York Supreme Court · 1961
- Berliner v. M. Zimmermann Co.Appellate Terms of the Supreme Court of New York · 1907
- Sigler v. ShafferTrumbull Circuit Court · 1906
- Bray v. AndreasNew York Court of Common Pleas · 1852
- Flint v. GaultNew York Supreme Court · 1878
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