Palmer v. Wylie
New York Supreme Court
PALMER brought an action of trover against Wylie and others, before a justice of peace, under the “ act to extend the jurisdiction of justices of the peace,” for fifty dollars, damages. The defendants pleaded not guilty ; and demanded a jury trial. The cause was. tried, and. the jury found a verdict for the plaintiff, for 45 dollars, damages, on which the justice gave judgment, and 5 dollars costs.
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PALMER brought an action of trover against Wylie and others, before a justice of peace, under the “ act to extend the jurisdiction of justices of the peace,” for fifty dollars, damages. The defendants pleaded not guilty ; and demanded a jury trial. The cause was. tried, and. the jury found a verdict for the plaintiff, for 45 dollars, damages, on which the justice gave judgment, and 5 dollars costs. The defendants appealed to the Court of Common Pleas of Madison county; and on a trial in that Court, on the same pleadings, the jury found a verdict for the plaintiff for sixty-nine dollars and 75…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. It is contended, on the part of the defendants, 1. That the plaintiff, by resorting to a Court whose jurisdiction was limited to 50 dollars, is concluded from alleging or claiming a greater amount of damages.
2. That having, in his declaration in the Justice’s Court, concluded to his damages of fifty dollars, he is estopped from claiming more.
We have already decided, that the appellee can recover a larger sum on appeal than he had recovered in the Court below. In my opinion, the act extending the juris*277diction of justices of the peace, settles…
2Cited by4 opinions
- Hall v. HallMassachusetts Supreme Judicial Court · 1908
- Evers v. SagerMichigan Supreme Court · 1873
- Dressler v. DavisWisconsin Supreme Court · 1860
- McOmber v. BalowSupreme Court of Minnesota · 1889