Simser v. Cowan
New York Supreme Court
APPEAL from, a judgment in favor of the plaintiff, rendered on the report of a referee. The action was brought to recover the possession of seven head of neat cattle, which the plaintiff in his complaint claimed to own ; that he was entitled to the possession of them, and that the defendant had taken and wrongfully detained them.
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APPEAL from, a judgment in favor of the plaintiff, rendered on the report of a referee. The action was brought to recover the possession of seven head of neat cattle, which the plaintiff in his complaint claimed to own ; that he was entitled to the possession of them, and that the defendant had taken and wrongfully detained them. The cause was tried before the referee, and he found that on the 18th day of October, 1866, the plaintiff was the owner of the cattle, which were of the value $200. On the morning of that day they were found by the defendant in his yard and garden, near his house,…
1Opinion of the CourtFoster, J.
The facts, as found by the referee, are fully, supported by the testimony, and although we have a larg'e array of points and authorities on the part of the appellant, two questions only are really before us: 1st. Whether under the complaint in this case the plaintiff could be permitted to prove, against objection, that he demanded the cattle of the defendant before he brought the action; and, 2d. Whether, after having made such proof, he was entitled to judgment. The questions are substantially the same; because, if the proof was properly given under the pleadings, then the fact proved by it…
2Cases cited2 opinions
- White v. . SpencerNew York Court of Appeals · 1856
- Hale v. ClarkNew York Supreme Court · 1838
3Cited by7 opinions
- King v. . MacKellarNew York Court of Appeals · 1888
- Sweeney v. . O'DwyerNew York Court of Appeals · 1910
- Bernstein v. WarlandNew York Supreme Court · 1900
- Clark v. BoweThe Superior Court of New York City · 1880
- McCarron v. CahillCity of New York Municipal Court · 1885
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