Christman v. Floyd
New York Supreme Court
Demurrer to pleas. The plaintiff declared in the usual form in replevin for the taking of cattle on the 20th February, 1830, at Rome, in the county of Oneida.
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Demurrer to pleas. The plaintiff declared in the usual form in replevin for the taking of cattle on the 20th February, 1830, at Rome, in the county of Oneida. The defendant made cognizance, stating that one Northrop at the time when, &c. was the tenant of Nicoll Floyd of certain premises situate in the town of Western, in the county of Oneida, at an annual rent of $212,50; that on the 1st March, 1829, the sum of $212,50 was in arrear for rent; that on the 24th February, 1830, the defendant, as the agent of Nicoll Floyd, made an affidavit hefore J. U., Esquire, one of the justices of the peace…
1Opinion of the Court
By the Court,
Sutherland, J.
Two questions are presented by this demurrer; 1. Whether the affidavit required to be *342made by a landlord, for whose benefit a distress is made, specifying the amount of rent due and the time for which it accrued, can be taken before a justice of the peace; and 2. Whether a constable, to whom a distress warrant is delivered, (the premises, in relation to which the rent accrued being in the town of which he is constable,) can follow property removed from said premises into another town, and there seize and carry it back under his warrant.
1 am inclined to the opinion…
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