Clark v. Ostrander

Decided October 15, 1823

New York Supreme Court · decided 1823-10-15

On certiorari to a Justice’s Court. Ostrander had obíained a judgment against Clark, in the Court below, on the u u ° 26Z/t August, 1822, for 3 dollars and the costs, in trespass. In Sept, thereafter, he employed Mr. Jenkins to bring a wrj(; 0f certiorari. Shortly'after this, Clark obtained a judgment before another Justice, against Ostrander, for $21,30. And on the 8th Oct. 1822, the parties settled their accounts, and set off the small against the large judgment.

Cited by 1 later decisions — most recently October 1878

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1823-10-15

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Curia.

¶1The settlement and set off of the judgment, does not supersede the certiorari. The defendant, in the small judgment, did no more than he might have been compelled to do by execution. He paid it, but this will not prevent a certiorari.

¶2Motion denied.