Davis v. Marshall
New York Supreme Court
This was an appeal from a judgment entered upon the report of a referee in favor of the defendants, against the plaintiff. The action was commenced in March, 1849, and the acts complained of took place in May, 1847. The other facts necessary to an understanding of the points decided, are stated in the opinion of the court.
1Opinion of the Court
By the Court, T. R Strong, J.
This action was brought to recover damages for the taking and detaining, by the defendants, of a canal boat, belonging to the plaintiff. The taking consisted in a seizure of the boat by a constable, by virtue of an attachment issued by the defendant Folger, who was a justice of the peace, in favor of the defendant Marshall, against the plaintiff, under the 33d section of the act to abolish imprisonment for debt, which process was delivered by Marshall to the constable, with a direction to take the boat. No bond was required by the justice, or given, on issuing the…
2Cases cited9 opinions
- Vosburgh v. WelchNew York Supreme Court · 1814
- Cleveland v. RogersNew York Supreme Court · 1831
- Rogers v. MullinerNew York Supreme Court · 1831
- Loder v. PhelpsNew York Supreme Court · 1834
- Hoose v. SherrillNew York Supreme Court · 1836
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hisler v. CarrCalifornia Supreme Court · 1868
- Stone v. MillerNew York Supreme Court · 1862
- Smith v. HoltAppellate Division of the Supreme Court of the State of New York · 1899
- Rickey v. ChristieNew York Supreme Court · 1886
- Williams v. Village of DunkirkNew York Supreme Court · 1870