Coon v. Congden
New York Supreme Court
This was an action of replevin, tried at the Cayuga circuit in December, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared' for two horses.
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This was an action of replevin, tried at the Cayuga circuit in December, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared' for two horses. The defendant pleaded non cepit vel detinet, and annexed a notice to his plea, that on the trial he would prove that on, &c. at, &c. a judgment was rendered in a justice’s court held by and before A. T., Esq., then and still being a justice of the peace of the town of, &c. duly authorized by law to render such judgment in a certain suit wherein David Merchant was plaintiff and Zebi-na Williams defendant, which…
1Opinion of the Court
*498 By the Court,
Sutherland. J
The questions which arose Up0n the trial were, 1. Whether the notice annexed to the plea was sufficient to entitle the defendant to prove property *n horses out of the defendant, and 2. If it was not, whether the defendant, being a constable, had a right to give the matter in evidence under the general issue without notice.
1 think the notice was sufficient to admit the evidence. It contains an express allegation that the horses were the proper goods and chattels of Williams, the defendant in the execution, and that the constable seized them as such. Independently of…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- McCoy v. CurticeNew York Supreme Court · 1832
- Cleveland v. RogersNew York Supreme Court · 1831
- Calvin v. La FargeNew York Supreme Court · 1830
3Cited by5 opinions
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- Horr v. BarkerCalifornia Supreme Court · 1858
- Wilson v. SawyerSupreme Court of Alabama · 1861
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- Clearwater v. BrillNew York Supreme Court · 1875