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13 Johns. 191

Pierce v. Sheldon

New York Supreme Court

Decided May 15, 1816

New York Supreme Court · decided 1816-05-15

IN ERROR, on certiorari to a justice’s court. . - . , 1 his was an action of trespass on the case, brought by Shel- . \ • ? * don, the plaintiff below, against Pierce, a constable, for the amount of an execution delivered to him to be served, and which he had neglected to serve, or return, within the time limited.

Good law ✅— No negative treatment on recordhow we know

Decided 1816-05-15

How this case has been cited

Cited by 4 later decisions — most recently July 1851

4 state decisions

2018161820183018401850decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Whether the justice was legally disqualified, on the ground that the plaintiff below was his son-in-law, is, perhaps, questionable ; but the gross indecency of an exercise of his judicial power, in such a case, should induce this court to scrutinize his proceedings with a jealous eye.

¶2This suit was brought under the 13th section of the 25 dollar act, (1 R.L. 395.,) which provides a remedy, expressly, (i by action of debt” The objection to the form of action was, therefore, well taken, and the judgment ought to be reversed.

¶3Judgment reversed.

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