Curtis v. Fay
New York Supreme Court
MOTION by the defendant on a case with exceptions, to set aside a verdict taken at the Steuben circuit in January, 1861, and for a new trial. Exceptions ordered to be heard at the general term, in the first instance.
1Opinion of the Court
By the Court,
Welles, J.
The action was in the nature of trespass, for wrongfully taking the. personal property of the plaintiff. The property alleged to have been taken by the defendant was 64,829 feet of pine lumber, estimated to be worth $650. The complaint was against the defendant as a private individual, and did not name him as sheriff of Steuben county, or attempt to charge him in any official character. The answer denied each and every allegation of the complaint, and every part thereof.
Upon the trial the plaintiff offered to prove that one Lewis Wood took the lumber in question, as a…
2Cases cited1 opinion
- Douglass v. TouseyNew York Supreme Court · 1829
3Cited by9 opinions
- Moore v. DozierSupreme Court of Georgia · 1907
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- Carlson v. . WintersonNew York Court of Appeals · 1895
- State v. MillerWashington Supreme Court · 1913
- Meyer v. Suburban Home Co.Appellate Terms of the Supreme Court of New York · 1899
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