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Pierce against Sheldon

New York Supreme Court of Judicature1816-05
13 Johns. 191

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

Whether 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. This 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. Judgment reversed.