Rickey v. Bowne

Decided May 15, 1820

New York Supreme Court · decided 1820-05-15

IN ERROR, on certiorari, to a Justice’s Court. B. brought an action of trespass on the case, against R,, who pleaded the general issue, with notice of a set-off. The plaintiff and defendant, with one George Weeks, made a . ' 07 joint contract, as carpenters, to build a barn for A., for which ^ ' they were to receive 150 dollars.

Cited by 1 later decisions — most recently February 1828

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1820-05-15

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Per Curiam.

¶1Partnership accounts may be adjusted and closed, either by a suit in equity, or by an action of account at law. The acts constituting the Courts of Justices of the Peace, give jurisdiction only in actions of “ debt, detinue, covenant, trespass, and trespass on the cased’ The action of account is not comprised in this enumeration; and the peculiar mode of trial by auditors, is not provided for in those acts. The Justice, therefore, had no jurisdiction.

¶2As to the second objection, we think it not founded. The Costs óf a venire must always abide the event.

¶3Judgment reversed.