Clark v. Van Vrancken
New York Supreme Court
APPEAL by the defendant from a judgment of the Livingston county court. The action was commenced* before a justice of the peace, and, after issue joined, was tried by a jury, who found a verdict in favor of the plaintiff for $100. From the judgment rendered thereon, the defendant appealed. to the county court, where the judgment of the justice was reversed.
Read the full summary
APPEAL by the defendant from a judgment of the Livingston county court. The action was commenced* before a justice of the peace, and, after issue joined, was tried by a jury, who found a verdict in favor of the plaintiff for $100. From the judgment rendered thereon, the defendant appealed. to the county court, where the judgment of the justice was reversed. The defendant did not appear, on the trial before the justice, or make any objection to the jurors, or either of them, but in the county court he assigned for error in fact that William Woolever, Isaac Preston and Merrick C. Townsend, and…
1Opinion of the Court
By the Court, T. R. Strong, J.
The complaint, in each count, charges an entry upon real estate, and in connection therewith the commission of other acts. In two of the counts the taking and carrying away of personal property, and in the other, making a noise and disturbance, and using indecent language to the plaintiff's family, whereby the plaintiff’s wife became sick, and he lost her services. The cause of action, in each count, is the entry on the premises ; all the rest is matter of aggravation. (Howe v. Willson, 1 Denio, 181. Houghtaling v. Houghtaling, 5 Barb. 379, 382. Eames v.…
2Cases cited10 opinions
- People v. MatherNew York Supreme Court · 1830
- Squier v. GouldNew York Supreme Court · 1835
- Howe v. WillsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Haight v. BadgeleyNew York Supreme Court · 1853
- Northrup v. JacksonNew York Supreme Court · 1834
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Deming v. McClaughryCourt of Appeals for the Eighth Circuit · 1902
- State v. PriceWest Virginia Supreme Court · 1924
- Collinson v. Wier, New York County Courts1915
- People v. MackAppellate Division of the Supreme Court of the State of New York · 1898
- People v. Thayer, New York County Courts1908
11 more not listed; retrieve them via the Exa API.