Bowman v. Russ
New York Supreme Court
Trespass. The declaration contained four counts. ^10 ^rst was trespass quare domurn fregit, el de bonis, &c. ; the second of trespass quare clausum fregit, et de t>onis, &c. ; the third of trespass quare clausum fregit; and the fourth of trespass de bonis asporlatis.
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Trespass. The declaration contained four counts. ^10 ^rst was trespass quare domurn fregit, el de bonis, &c. ; the second of trespass quare clausum fregit, et de t>onis, &c. ; the third of trespass quare clausum fregit; and the fourth of trespass de bonis asporlatis. To the first count, the defendants pleaded, in justifi-ca^on of breaking and entering the house, and taking and carrying away the goods, that long before, and at, and af*er ⅛2 time when, &c. they were overseers of the poor of the town of York, in the county of Livingston : and as ^ ° such overseers, before the time when, &c. to…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
The question is, whether the warrant of two justices to seize the property of a man, for leaving his wife and children a charge upon the towm, is a good justification in an action of trespass, where it is admitted upon the record, that he had not left his wife and children such charge.
In pleading the proceedings of an inferior court, it is necessary to state sufficient to give jurisdiction to the court, and then the plea may say, such proceedings were had, SfC. ; but here, it is not averred that the plaintiff had absented himself, &c.; the very fact upon which…
2Cases cited2 opinions
- Frary v. DakinNew York Supreme Court · 1810
- Morgan v. DyerNew York Supreme Court · 1813
3Cited by10 opinions
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Wall v. TrumbullMichigan Supreme Court · 1867
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Sears v. TerrySupreme Court of Connecticut · 1857
- Bryan v. CongdonCourt of Appeals for the Eighth Circuit · 1898
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