M'Lean v. Hugarin
New York Supreme Court
IN. ERROR, on certiorari to-a justice’s, court, The defendant in error, who was plaintiff in the-eourt belo'Wj brought an-action of trover, to recover’the.vá-lue óí a spinning-"wheel. -The defendant pleaded the general issue, and a former . , action for the same cause, in which the present plaintiff .being ' ‘ . defendant, set off the presen t demand* which was tried- in that action.
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IN. ERROR, on certiorari to-a justice’s, court, The defendant in error, who was plaintiff in the-eourt belo'Wj brought an-action of trover, to recover’the.vá-lue óí a spinning-"wheel. -The defendant pleaded the general issue, and a former . , action for the same cause, in which the present plaintiff .being ' ‘ . defendant, set off the presen t demand* which was tried- in that action. The certificate of the. justice j of the-proceedings on théformer trial, (authenticated according to ‘the act, except that it does no|. appear that the clerk affixed the .sehl-.of the C. F., but it is only…
1Per curiam
The certificate of the former trial between these parties was sufficiently authenticated. It is necessarily to be inferred that it was, in fact, as it purports to have been, under seal, as required by the statute : at all events, no objection was made to its admission upon the trial j and it cannot, now, be called in question. Although the demand, in this case, sounds in tort, and might not, in strictness, have been admissible as a set-off on the former trial, yet if it were admitted without objection, and has been once tried, that judgment is conclusive with respect to this matter; and the…
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