Walrod vs. Shuler

Walrod vs. Shuler. Where a justice of tne peace decided a cause before him, and made upon the papers in the suit a memorandum of his judgment within four days after the final submission to him, held, that the judgment was regular and valid, although no entry thereof was made in his docket until after the lapse of four days. Walrod sued Shuler in a justice’s court, in tne county of Onondaga. Issue was joined, and the cause tried without a jury, on the 9th day of July, 1844. The justice deferred rendering judgment until the 13th of the same month, when he made his decision, and entered upon the papers in the cause on file before him, “judgment rendered July 13, against the plaintiff, for S3,14 costs but no entry of the judgment was made in the docket until the 16th of July, 1844. The common pleas, on certiorari, reversed the judgment. The defendant then brought error into the supreme court, where the judgment of the common pleas was reversed, and that of the justice affirmed The plaintiff brought error to this court. G. N. Kennedy, for plaintiff in error, insisted that the judgment of the justice was irregular and void,'on the ground that the statute imperatively required such judgment to be rendered and entered in the docket within four days after the final submission of the cause. (2 R. S. 177, 2d ed.; 15 John. 119 ; 1] id. 522; 7 id. 33; 6 id 68; 19 Wend. 371.) B. Lee, for defendant in error. [MAJORITY — The Court,] The Court, after advisement, were of opinion that the ques tion had been properly decided by the supreme court, and there upon the judgment was affirmed, Hall v. Tuttle, 6 Hill 38,