Ruckman v. . Cowell
New York Court of Appeals
Error from the supreme court, where Cowell sued Ruck-man in trespass de bonis, &c. The cause was tried at the Albany circuit in October, 1844, before Parker, circuit judge, and a verdict had for the plaintiff. The defendant moved in the supreme court for a new trial on a bill of exceptions, which motion was denied by that court and judgment rendered-for the plaintiff. The facts are sufficiently stated in the opinion of Bronson, J.
1Opinion of the CourtBronson, J.
The case may be stated in few words. Cowell brought" an action of trespass de bonis asportatis against Ruck-man in the supreme court; the defendant pleaded not guilty, and gave notice of justification under a judgment and execu tion in his favor, against the plaintiff. On the trial, the plaintiff proved the taking of the goods by the sheriff of New-York upon an execution in favor of the defendant against the plaintiff ; and there rested his cause. The defendant then gave in evidence th e, fieri facias under which the sheriff'acted, and the judgment on which the execution issued. The judgment…
2Cases cited2 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
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- Poillon v. . LawrenceNew York Court of Appeals · 1879
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