Schoonmaker v. Clearwater
New York Supreme Court
THIS was an action of trover brought by the plaintiff to recover the value of certain articles of personal property alleged to have been converted by the defendants. The answer denied that the defendants possessed the property mentioned in the complaint, or that they wrongfully detained the same from the plaintiff, or that the said property belonged to the plaintiff.
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THIS was an action of trover brought by the plaintiff to recover the value of certain articles of personal property alleged to have been converted by the defendants. The answer denied that the defendants possessed the property mentioned in the complaint, or that they wrongfully detained the same from the plaintiff, or that the said property belonged to the plaintiff. The cause was tried at the Ulster circuit, on the 15th day of July, 1853, before the late Justice Watson and a jury, and upon that trial the following facts were proved: On the 20th day of December, 1851, one Andrew Eoosa, who…
1Opinion of the Court
By the Court, Miller, J.
The defendants justified the sale of the property claimed by the plaintiff, on the trial of the cause, under an execution issued upon a judgment rendered in their favor by a justice of the peace, who was related to one or both of the defendants, and the judge upon the trial held that the judgment was absolutely void and no protection to them. It is now insisted by the defendant’s counsel, that the judgment was not void, but merely voidable, and the plaintiff being a stranger could not question it, in this action. It is declared by statute that no judge of any court can…
2Cases cited10 opinions
- Edwards v. RussellNew York Supreme Court · 1839
- Lamoure v. CarylNew York Supreme Court · 1847
- Hard v. ShipmanNew York Supreme Court · 1849
- Willoughby v. JenksNew York Supreme Court · 1838
- Converse v. McArthurNew York Supreme Court · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- Abrams v. StateCourt of Criminal Appeals of Texas · 1893
- Frevert v. SwiftNevada Supreme Court · 1886
- People v. Thayer, New York County Courts1908
- People v. ConnorNew York Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.