Harrison v. M'Intosh
New York Supreme Court
THIS cause, came before the court upon a writ of er* from the court of common pleas, of the county of Cayuga. The plaintiff in the court below' stated in his plaint, that the defendant, on the 26th March, 1804, in the house of the pla'mtifo m the town of Aurelius, &c. took the goods and chattels of the plaintiff, &c.
Read the full summary
THIS cause, came before the court upon a writ of er* from the court of common pleas, of the county of Cayuga. The plaintiff in the court below' stated in his plaint, that the defendant, on the 26th March, 1804, in the house of the pla'mtifo m the town of Aurelius, &c. took the goods and chattels of the plaintiff, &c. (being articles of household furniture enumerated) and unjustly detained them against surety and pledges',-8c'c. ' ■ 1 , . * r ° ’ The defendant pleaded, 1st. That the goods, &c. were ^ ProPerty of one Edmund King, and traversed that the property was in the plaintiff. 2d. That…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The avowry in this case was clearly bad. It was necessary for the avowant to have set forth his title, and to allege the estate of which he was seized. The power of distress is called an extraordinary power, and for this reason the common law requirecHhe authority to be specifically shown. This old rule is still to be strictly inforced in cases not within the remedial revisions of certain statutes relative to pleadings in replevin. (Yelv. 148. 2 Wils. 261. 2 Bos.& Pul. 359. 2 Saund. 283. 284 c. n. 3. 310. 314. n. 13.) With respect to this point…
2Cited by12 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Rockwell v. SaundersNew York Supreme Court · 1854
- Johnson v. . CarnleyNew York Court of Appeals · 1854
- Anstice v. HolmesNew York Supreme Court · 1846
- Gartside v. NixonSupreme Court of Missouri · 1868
7 more not listed; retrieve them via the Exa API.