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10 Johns. 405

Pierce v. Hubbard

New York Supreme Court

Decided October 15, 1813

New York Supreme Court · decided 1813-10-15

IN ERROR, on certiorari, from a justice’s court. Pierce brought an action of trespass de bonis asporlatis, $-c. against Hubbard, before the justice. The trespass, in entering the plaintiff’s house and taking the goods as stated in the plaintiff’s declaration, was proved. The defendant justified the taking under two executions against the goods of the plaintiff delivered to the defendant, as a constable, to be executed.

Decided 1813-10-15

Per Curiam.

¶1The only question in this case is, whether the executions under which the defendant justified, were valid. It does not appear that any thing bad been done under the executions, *412until after the alterations in the date of them. Ançl if the aItera~ tions were made by the direction of the justice, the process would not thereby be invalidated. Any general authority-, however, by justices to constables, to fill up or alter process, would be void and highly improper. It is a practice which in no case would be prudent or discreet on the part of the magistrate. Whether 1 the alterations in the present case, were made by the authority of the justices or not, were questions of fact for the jury to decide; and we do not see sufficient grounds for setting aside their verdict.

¶2Judgment affirmed.

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