Howland v. . Willetts
New York Court of Appeals
This was an action of replevin, commenced in the supreme ' court in -July, 1847, and was tried at a circuit in the city of New-York, in July, 1848, and a verdict rendered for the defendant. The case having been transferred according to the statute to the superior court of the city of New-York, in January, 1850, a new trial was granted at a general term of that court in May of the same year.
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This was an action of replevin, commenced in the supreme ' court in -July, 1847, and was tried at a circuit in the city of New-York, in July, 1848, and a verdict rendered for the defendant. The case having been transferred according to the statute to the superior court of the city of New-York, in January, 1850, a new trial was granted at a general term of that court in May of the same year. The second trial was had in the superior court in March, 1851, before Mr. Justice Paine and a jury. The declaration alleged a taking of certain property in May, 1847, by the defendant, as sheriff of Queens…
1Opinion of the CourtMason, J.
The bill of exceptions in this case is so imperfectly drawn that it is very difficult to determine with any degree of certainty the precise bearing of the two first exceptions upon the case. As the question is -presented by the bill, it is not important to rnquire whether the court was right or wrong m'holding that the witness Smith might look at the paper he held, in his hand, for the 'reason that it does not appear that he testified from such - paper, nor -that he gave any material evidence m the case, nor m fact that he gave the least particle of evidence after this objection was raised.
The…
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