Barnes v. Badger
New York Supreme Court
THIS cause arose in a justice’s court. The return of the justice, after stating the proceedings in the cause, and embracing the trial and evidence &c. concludes as follows: “The cause was then submitted without argument; when by stipulation of parties, at my request, they agreed to five days’ time instead of four in which to decide upon the case.
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THIS cause arose in a justice’s court. The return of the justice, after stating the proceedings in the cause, and embracing the trial and evidence &c. concludes as follows: “The cause was then submitted without argument; when by stipulation of parties, at my request, they agreed to five days’ time instead of four in which to decide upon the case. Therefore, I, on the 14th day of November, 1854, rendered judgment in favor of the plaintiff against the defendant for Damages,............$77 96 Costs,..............3 04 $81 00" The return showed that the judgment was rendered on the fifth day. The…
1Opinion of the Court
By the Court, Mason, J.
The only question presented in the case is whether the justice had so far lost jurisdiction of the cause as to make the judgment rendered on the fifth day erroneous. The statute directs that the justice shall render judgment and enter the same in his docket within four days after the cause shall have been submitted to him for his final decision. (2 R. S. 247, § 124.) I am aware that it has been decided under this statute, that it is the'duty of the justice *99to render his judgment within the four days after the cause is submitted to him for final decision; and that a…
2Cases cited8 opinions
- People v. CookNew York Supreme Court · 1852
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- Watson v. DavisNew York Supreme Court · 1838
- People ex rel. Westcott v. HolleyNew York Supreme Court · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Huffman v. KiteSupreme Court of Virginia · 1956
- Fallon v. HattemerAppellate Division of the Supreme Court of the State of New York · 1930
- Birmingham Building & Loan Ass'n v. StateSupreme Court of Alabama · 1898
- Rochester Gas & Electric Corp. v. MaltbieNew York Supreme Court · 1946
8 more not listed; retrieve them via the Exa API.