5 D.C. 124
Decided March 15, 1837
This was an action for money bad and received, to recover money paid by the plaintiff while in commitment upon a ca. sa. issued upon a judgment of a justice of the peace against the plaintiff as executor de son tort of a living man, for damage done to land. contended that money paid under valid process cannot be recovered, and cited 5 Wheeler, 89 ; Selden, 72; Cobb v. Curtiss, 8 Johns. 470; While v. Aylesivorth, 9 Johns. 231, 232 ; Philip v. Hunter, 2 H. Bl. 414 ; Brisbane…
Decided 1837-03-15
¶1The jury having been sworn, the Court, at the motion of Mr. Bradley, instructed the jury, that if, from the evidence, they should be of opinion that a judgment was rendered in this case by a justice of the peace against the present plaintiff as executor, and that upon such judgment a ca. sa. was issued, and the plaintiff committed to prison, and that while there he paid the said judgment and costs, then the said money was paid by duress.
¶2Verdict for the plaintiff $54.15.