Mallory v. Norton & Scott
New York Supreme Court
THIS was an appeal by the plaintiff from a judgment entered at a special term. The complaint alleged that on the 31st day of March, 1853, the defendant Titus Norton commenced an action against the plaintiff before John Gifford, Esq. then and still a justice of the peace in the town of Greenfield, in the county of Saratoga, by summons returnable before said justice, on the 6th day of April thereafter ; which suit was brought to recover damages for the alleged wrongful taking…
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THIS was an appeal by the plaintiff from a judgment entered at a special term. The complaint alleged that on the 31st day of March, 1853, the defendant Titus Norton commenced an action against the plaintiff before John Gifford, Esq. then and still a justice of the peace in the town of Greenfield, in the county of Saratoga, by summons returnable before said justice, on the 6th day of April thereafter ; which suit was brought to recover damages for the alleged wrongful taking by the plaintiff, from the said Norton, of a certain horse, and the said Norton in said suit claimed to recover $100…
1Opinion of the CourtC. L. Allen, P. J.
I cannot discover where the remedy of the plaintiff in the present action is, unless it lies in the course which he has pursued. The learned justice who tried the cause came to the conclusion that the judgment upon which the execution was issued was satisfied, and that the execution had no force. But he remarks that the plaintiff has mistaken his remedy, which is perfect at law. The case of Lansing v. Eddy, (1 John. Ch. R. 49,) cited in support of this remark, decides that where perfect relief may be obtained at law, equity will not interfere ; and such is the ruling in other cases. (See 4…
2Cases cited14 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Curtis v. InneraritySupreme Court of the United States · 1848
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Baker v. Judges of Ulster Common PleasNew York Supreme Court · 1809
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3Cited by13 opinions
- Smith v. McCluskeyNew York Supreme Court · 1866
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
- Below v. RobbinsWisconsin Supreme Court · 1890
- Beckman v. ManloveCalifornia Supreme Court · 1861
- City of Aurora ex rel. Williams v. LindsaySupreme Court of Missouri · 1898
8 more not listed; retrieve them via the Exa API.