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Palmer v. Palmer

Palmer v. Palmer, 1 Root 202 (1790)
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Court
Connecticut Superior Court · State Appellate Courts
Decided
August 15, 1790
Citations
1 Root 202
Headnotes
Civil causes cognizable before a single minister of justice, must be prosecuted before sucb. authority in those towns only, wherein the plaintiff or defendant dwell.
Summary
ERROR to reverse a judgment of a justice, in an action on a note. The plaintiff and defendant lived in Greenwich, and there were justices in said town, who could judge between the parties. The court was held in Greenwich, by a justice who-belonged to Stamford. Error assigned — That said justice by law had no right to> go out of his own town to try said cause.

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Opinion of the Court

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Judgment — Manifest error. The statute is, that all suits and prosecutions cognizable before an assistant or justice of the peace, shall be made and prosecuted, before such authority in those towns, only, where the plaintiff or defendant dwell, unless there be no authority which may lawfully try said cause, in either of said towns; then, etc.

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