Thomas v. Cameron
New York Supreme Court
Demurrer to declaration. The plaintiffs in the commencement of the declaration stated themselves to be assignees of Joseph Bussell, Esquire, sheriff of the county of Warren, and complained of the defendants for [60] that they render to the plaintiffs $100, which they owe to the plaintiffs and from them unjustly detain.
Read the full summary
Demurrer to declaration. The plaintiffs in the commencement of the declaration stated themselves to be assignees of Joseph Bussell, Esquire, sheriff of the county of Warren, and complained of the defendants for [60] that they render to the plaintiffs $100, which they owe to the plaintiffs and from them unjustly detain. The plaintiffs then proceed to state that by a special order of this court, upon application made by and on behalf of the plaintiffs, a writ of pluries attachment was prosecuted out of this court, tested 17th January, 1835, directed to the sheriff of Warren, commanding him to…
1Opinion of the Court
By the Court,
Cowen, J.
We felt quite clear against the defendants on the argument, in respect to all the causes of the demurrer urged by their counsel; but in regard that the pleading is under a new statute, we reserved the case for some farther consideration.
It was assigned as special cause of demurrer, that the action was in the debet et detinet, whereas it should have been in the detinet only: The answer to which is, that the declaration is properly in the debet et detinet, according to the settled rules of pleading. No part of the cause of action accrued to the testator in his lifetime. It…
2Cited by3 opinions
- Hart v. SeixasNew York Supreme Court · 1839
- Rayner v. ClarkNew York Supreme Court · 1850
- Kelly v. McCormickNew York Court of Common Pleas · 1854