Gelston v. Hoyt
Court for the Trial of Impeachments and Correction of Errors
IN ERROR, to the supreme court on a bill ox exceptions, in which were set forth the pleadings and demurrer, that judgment was given for the plaintiff below upon the demurrer, and the proceedings, at the trial, where a verdict was found for plaintiff for 107,369 dollars and 43 cents damages.
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IN ERROR, to the supreme court on a bill ox exceptions, in which were set forth the pleadings and demurrer, that judgment was given for the plaintiff below upon the demurrer, and the proceedings, at the trial, where a verdict was found for plaintiff for 107,369 dollars and 43 cents damages. The proeeedings of the court below, after the trial, upon the bill of ex- . t were not stated. 11. • x • « ir* The declaration, which was m trespass, contained hte counts t 1 1. That the defendants below, on the 10th of July, 1810, took, ? ^ and' carried away, the goods’and chattels of the plaintiff of the…
1Opinion of the Court
Tus Chahcelloe.
The suit in the: supreme c'oUrt betwéép 'these parties was .-ah action of trespass?in which'Hoyi- declared ag‘ainst-GeIsio»f and." Schenck,. for seizing, taking, and carrying " away his ship, called the American Eagle. To this charge the . . defendants plead, not only the general issue, but two special pleas in bar; and to these pleas there was a general demurrer and joinder, and judgment for the plaintiff.
' On théítrial of the general issue Hoyt gave in evidence?: that? *575fit the time of the seizure of the said ship, she was in his actual, full, and peaceable possession; and…
2Cases cited1 opinion
- Rose v. HimelySupreme Court of the United States · 1808
3Cited by31 opinions
- Vonsmith v. VonsmithSupreme Court of Missouri · 1984
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Klock v. RobinsonNew York Supreme Court · 1839
- McLean v. TerritoryArizona Supreme Court · 1903
- Bissell v. HopkinsNew York Supreme Court · 1825
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