Legal Opinion

Cooper v. Bissell

New York Supreme Court

Decided May 15, 1819PublishedCited by 14 opinions

IN ERROR, to the Court of Common Pleas of the cofin- - . 7 ty Of (Jnsidci• The defendant in -error brought an action in the Court below against the plaintiff in error. The declaration contained two counts; 1. A count in trespass, for breaking the pl3™^’5 close, and taking and carrying away his horse; an¿ 2. A count in trover, for the conversion of the plain- ’ tiff’s horse. The defendant below pleaded not guuty.

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IN ERROR, to the Court of Common Pleas of the cofin- - . 7 ty Of (Jnsidci• The defendant in -error brought an action in the Court below against the plaintiff in error. The declaration contained two counts; 1. A count in trespass, for breaking the pl3™^’5 close, and taking and carrying away his horse; an¿ 2. A count in trover, for the conversion of the plain- ’ tiff’s horse. The defendant below pleaded not guuty. A . venire was awarded on the record, and the cause was continued for several terms, by vice-comes non misil breve. The record then stated, that at the term when the cause was tried,…

1Per curiam

Without a suggestion of special facts, and an express award of the venire to the coroner, or to elizors, the process can be legally executed and returned by the sheriff only. The statute of jeofails does not extend to such a case, and the judgment is, on this ground, erroneous. (1 Sell. Pract. 392.)

The rule in regard to joining different counts in the same declaration is somewhat perplexed; but a review of all the adjudged cases warrants, at least, this conclusion, that where the counts require different judgments, they cannot be joined. (Tidd. Pr. 11. in nolis. 1 Chitty Plead. 199. Courtney…

2Cited by14 opinions

  1. Wilkinson v. MoseleySupreme Court of Alabama · 1857
  2. House v. LowellSupreme Court of Missouri · 1870
  3. Strohmier v. StumphIndiana Superior Court · 1873
  4. Williams v. BrambleCourt of Appeals of Maryland · 1852
  5. Sawyer v. ChildsSupreme Court of Vermont · 1910

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