Copley v. . Rose
New York Court of Appeals
On error from the supreme court. Rose sued Copley in s justice’s court of the county of Otsego. On the return day of the summons, the defendant not appearing, the plaintiff de dared in writing as follows : “ The plaintiff complains of the defendant, for that said de fendant to wit, at Maryland, in the county of Otsego, on the 12th day of October last past, with force and arms, seized, took and carried away a large quantity of personal property, to wit, of the value of one…
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On error from the supreme court. Rose sued Copley in s justice’s court of the county of Otsego. On the return day of the summons, the defendant not appearing, the plaintiff de dared in writing as follows : “ The plaintiff complains of the defendant, for that said de fendant to wit, at Maryland, in the county of Otsego, on the 12th day of October last past, with force and arms, seized, took and carried away a large quantity of personal property, to wit, of the value of one hundred dollars, and converted the same to his own use, against the peace of the people of the state of New-York, and to…
1Opinion of the CourtBeonson, J.
Although the declaration would have been bad' on demurrer-, for not alleging that the plaintiff owned the property, it was quite as formal as pleadings usually are in justices’ courts ; and as no objection to the declaration was made before the justice, and the plaintiff proved a good cause of action of the kind mentioned in the pleadings, the common pleas was wrong in reversing the judgment. (Goff v. Griswold, 1 Denio, 432; Stafford v. Williams, 4 id. 182.) The declaration was none the worse for being in writing; nor is it important that the defendant did not appear. (Stafford v. Williams,…
2Cases cited1 opinion
- Groff v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1845