Schenck v. Lincoln
New York Supreme Court
Error from Montgomery common pleas. Schenck sued Lincoln in a justice’s court and obtained judgment for $50 besides costs. Lincoln appealed to the Montgomery common pleas.
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Error from Montgomery common pleas. Schenck sued Lincoln in a justice’s court and obtained judgment for $50 besides costs. Lincoln appealed to the Montgomery common pleas. At the next term of the common pleas after the filling of the justice’s return, Schenck, the plaintiff below, filed and served a pleading what in the record is called a plea puis darrein continuance, stating in substance that since the rendition of the judgment before the justice and before the bringing of the appeal, to wit, on, &c. at, &c. the parties fully and finally settled the suit pending between them, and the…
1Opinion of the Court
By the Court,
Cowen, J.
A plea in nature of a plea puis darrein continuance is receivable by the common pleas, from the defendant below, of matter in his defence arising at any time subsequent to the rendition of the judgment below. The People, ex rel. Thayer, v. The Ontario C. P., (1 Wendell, 80). This, it is true, was under the act of 1824 (p. 296, § 38); but that statute, like the present (2 R. S. 262, § 214), forbade any new pleading in the common pleas. It is evident the statute intended new pleading in respect to the matter before the justice; otherwise very great injury might ensue. The…
2Cases cited1 opinion
- People v. Judges of Ontario Common PleasNew York Supreme Court · 1828