Thompson v. Button
New York Supreme Court
IN ERROR to the court of common pleas of Washington COUnty. Button brought an action of replevin for Cattle, &c., against ® , _ . . , ° x-Thompson* in the court below.
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IN ERROR to the court of common pleas of Washington COUnty. Button brought an action of replevin for Cattle, &c., against ® , _ . . , ° x-Thompson* in the court below. The defendant pleaded. 1. Jy on * 7 1 ^eP^ > 2“ An Avowry, &c., that on the 6th of February, 1816, one Samuel Morrison recovered judgment against otie Samuel Whitney, before a justice of the peace, &c., on which an execution was issued against the goods and chattels of the said Whitney, for 26 dollars and 37 cents, and that the said execution was delivered to him, the defendant, as a constable, &c., to be executed, &c., and so…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. This case comes before the court on a writ of error to the common *86pleas of Washington county. The action was replevin, for articles alleged to have been taken by Thompson, the defendant below, who pleaded the general issue, and also avowed the taking, under and by virtue of an execution in his hands, as constable, on a judgment recovered by Samuel Morrison, against David Whitney, The judgmeut and execution are duly set forth in the avowry, with an averment that the goods were the property of the said David Whitney, the defendant in the…
2Cited by43 opinions
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- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
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