Sterry v. Schuyler
New York Supreme Court
Demurrer to pleas. The action in this case is trespass, and the declaration contains four counts : 1. For breaking and entering the plaintiff’s cellar and taking and carrying away divers goods and chattels (particularly specifying the articles of property taken) and converting them to the defendant’s use ; 2. For breaking and entering the plaintiff’s dwelling house, and taking, &c. as in first count ; 3. For breaking and entering the plaintiff’s cellar and ejecting, &c. the…
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Demurrer to pleas. The action in this case is trespass, and the declaration contains four counts : 1. For breaking and entering the plaintiff’s cellar and taking and carrying away divers goods and chattels (particularly specifying the articles of property taken) and converting them to the defendant’s use ; 2. For breaking and entering the plaintiff’s dwelling house, and taking, &c. as in first count ; 3. For breaking and entering the plaintiff’s cellar and ejecting, &c. the plaintiff and keeping him out, &c.; and 4. For breaking and entering the plaintiff’s dwelling house and ejecting, &c. as…
1Opinion of the CourtBronson, J.
By the Court, On the doctrine of the case of Nevins v. Keeler, 6 Johns. R. 63, the defendant, instead of pleading that the several closes mentioned in the declaration are one and the same and not other or different, should either have justified as to all the closes, or have pleaded not guilty as to all but one close, and justified his entry as to that. This case seems to have been overlooked in Case v. Boughton, 11 Wendell, 106. Mr. Chitty thinks it questionable whether the mode of pleading which the defendant has adopted can, in strictness, be supported ; but he says it may be advisable to…
2Cases cited1 opinion
- Hicok v. CoatesNew York Supreme Court · 1829
3Cited by6 opinions
- Peck v. ParchenSupreme Court of Iowa · 1879
- Van Buskirk v. IrvingNew York Supreme Court · 1827
- Noble v. . HallidayNew York Court of Appeals · 1848
- New Zealand Insurance v. MaazColorado Court of Appeals · 1899
- New Zealand Insurance v. MaazColorado Court of Appeals · 1899
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