Tyler v. Canaday
New York Supreme Court
This was an action of ejectment to recover a farm situate in Bern in the county of Albany. The defendants pleaded not guilty.
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This was an action of ejectment to recover a farm situate in Bern in the county of Albany. The defendants pleaded not guilty. The cause was noticed for trial at the Albany circuit in April, 1846. At that circuit the following plea in bar puis darrein continuance was interposed by the defendants: " And now at this day, to wit, on the 6th day of April, 1846, before Amasa J. Parker, Esquire, one of the circuit judges, at the circuit court held at the city hall in and for said county of Albany, come the said James Canaday and John I. Canaday, by Daniel Cady their counsel, and say that the said…
1Opinion of the Court
By the Court, Parker, J.
The first point made by the counsel for the plaintiff is that the pleading demurred to is defective in praying judgment of the “ action ” instead of the “ declaration" And the case of Harkness v. Harkness, (5 Hill, 212,) is cited in support of this position-. In that base an action for slander was brought by a feme sole, which action was commenced by capias. After the general issiie pleaded a plea in abatement was interposed, alleging that since the last continuance the plaintiff had married. This plea concluded by praying judgment of the writ'. On demurrer, the…
2Cases cited4 opinions
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Shaw v. Butcher & HarrisNew York Supreme Court · 1838
- Austin v. Jackson, ex dem. KimberNew York Supreme Court · 1828
- Jackson ex dem. Wood v. StilesNew York Supreme Court · 1830