Butterworth v. Soper
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. THE defendant in error brought an action of trespass in the ... ', A court .below against the plaintiff in error, and declared, for that he had, without authority, issued a written ordei’, commanding a constable to levy a fine for the delinquency of the son of the plaintiff below, as a soldier in the militia; in pursuance of which order the constable took and sold the cow of the plaintiff.
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IN ERROR, on certiorari to a justice’s court. THE defendant in error brought an action of trespass in the ... ', A court .below against the plaintiff in error, and declared, for that he had, without authority, issued a written ordei’, commanding a constable to levy a fine for the delinquency of the son of the plaintiff below, as a soldier in the militia; in pursuance of which order the constable took and sold the cow of the plaintiff. The defendant below pleaded the general issue, and the plaintiff having proved his declaration, the defendant offered to prove that-he issued the warrant for…
1Per curiam
There is no error, and the judgment must be affirmed. The statute* authorizing such defence under the general issue, does not extend to this case.
Judgment affirmed.
(See act.for the more easy pleading in certain suits, N. R. L. 155. sect. 1.
2Cited by4 opinions
- Richardson v. HustonSouth Dakota Supreme Court · 1898
- Stewart v. TreasurerOhio Supreme Court · 1829
- Guiterman v. Liverpool, New York & Philadelphia Mail Steamship Co.New York Court of Common Pleas · 1879
- Martin v. ClarkU.S. Circuit Court for the District of Arkansas · 1834