Boynton v. Page
New York Supreme Court
Error from the St. Lawrence common pleas. Page sued Boynton in an action of replevin, for the talcing of a quantity of saddlery and saddlery stock. Boynton pleaded non cepit and averred the taking of the property as a constable, by virtue of an attachment sued out by a creditor of one Orin Strong, alleging the property taken to be the property of Strong. He also put in a plea of property in Strong, and in the creditor who had sued out the attachment.
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Error from the St. Lawrence common pleas. Page sued Boynton in an action of replevin, for the talcing of a quantity of saddlery and saddlery stock. Boynton pleaded non cepit and averred the taking of the property as a constable, by virtue of an attachment sued out by a creditor of one Orin Strong, alleging the property taken to be the property of Strong. He also put in a plea of property in Strong, and in the creditor who had sued out the attachment. Issues were taken upon the several avowries and pleas. On the trial the following facts appeared: Page, the plaintiff in this suit, and Strong,…
1Opinion of the Court
By the Court,
Sutherland, J.
The question is, who has the better title to the property replevied, Page or Boynton ? The validity of the sale or transfer from Strong to page of his interest in this property, made in Canada, is objected to on two grounds: 1. As having been made on Sunday, and 2. As being void within the statute of frauds, not having been in writing. Judicial proceedings upon Sunday are prohibited by the common law. Any other business can lawfully be done upon that day, except so far as it is prohibited by statute. Our statute in relation to the observance of Sunday declares, that…
2Cases cited3 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
3Cited by32 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Merritt v. . EarleNew York Court of Appeals · 1864
- Hanna v. MillsNew York Supreme Court · 1839
- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
- Trustees of the First Baptist Church v. Utica & Schenectady RailroadNew York Supreme Court · 1848
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