Baxter v. Putney
Oneida County Court
On the 29th day of July, 1868, George Baxter and others brought suit against Zary J. Putney, in a justice’s court, to recover possession of a quantity of stair bolts, and for damages for the detention of the same. The action was brought pursuant to subdivision 10, of sec. 53 of the Code. The plaintiffs gave the required undertaking and the constable took possession of the property.
Read the full summary
On the 29th day of July, 1868, George Baxter and others brought suit against Zary J. Putney, in a justice’s court, to recover possession of a quantity of stair bolts, and for damages for the detention of the same. The action was brought pursuant to subdivision 10, of sec. 53 of the Code. The plaintiffs gave the required undertaking and the constable took possession of the property. On the return day of the summons, the parties appeared before the justice; the defendant tor answer denied the complaint, and demanded that the cause be tried by a jury of twelve men, which the justice refused to…
1Opinion of the Court
Joel Willard, County Judge.
In justices’ courts, the defendant failing to appear, the plaintiff cannot take judgment by default, he must prove his case and this must be by competent and legal evidence. (Code sec. 64, subdivision 8; Jones agt. Pridham, 3 E. D. Smith, 155; Perkins agt. Stebbins, 29 Barb., 523; Armstrong agt. Smith, 44 id., 128.)
It is difficult to determine on what principle the witness arrived at the amount of damages sustained by plaintiffs; the only'evidence on that point, being that of Henry Baxter, as follows: 11 The damage to the plaintiffs for removing these bolts out of…
2Cases cited6 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Rockwell v. SaundersNew York Supreme Court · 1854
- Clark v. City of UticaNew York Supreme Court · 1854
- Beecher v. AllenNew York Supreme Court · 1849
- Perkins v. StebbinsNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Asbestolith Manufacturing Co. v. HowlandAppellate Division of the Supreme Court of the State of New York · 1911
- Knight v. CampbellNew York Supreme Court · 1872