Woodburn v. Chamberlin
New York Supreme Court
Motion for new trial, on a case. The action wag tried at the circuit held in the county of Monroe, in April, 1853, before Johnson, justice; verdict for the plaintiffs, judgment suspended, and case ordered to be heard at general term. The action was brought to recover possession of personal property.
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Motion for new trial, on a case. The action wag tried at the circuit held in the county of Monroe, in April, 1853, before Johnson, justice; verdict for the plaintiffs, judgment suspended, and case ordered to be heard at general term. The action was brought to recover possession of personal property. The complaint alleged that the defendants on, &c. at, The defendants then requested the court to charge the jury as follows: 1. That if the jury found exclusive possession in the sheriff the defendants must have a verdict. 2. That there was no proof by which the jury could assess the value of the…
1Opinion of the Court
By the Court, Welles, J.
It is now insisted, on the part of the defendants, that the circuit court erred in refusing to nonsuit the plaintiffs, upon the ground that no joint taking by the defendants was proved. It is not denied that the taking by the defendant Chamberlin was fully proved. For aught that appears, he still has the goods in his possession ; and if the taking was wrongful, it is difficult to perceive what ground of complaint he can have, on account of the other defendants being joined with him in the action, assuming that there was no evidence of such interference by them as to…
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- Van Slyck v. NewtonNew York Supreme Court · 1877
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