Beach v. Furman
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Sarah Fur-man, the plaintiff below, brought an action of trespass against Beach and Saunders, before the justice, for taking and carrying away a cow, belonging to the plaintiff The defendants below pleaded not guilty; and Beach pleaded also a justification, under the act to regulate highways, (sess. 24. c. 186.) passed 8th April, 1806. At the trial, it appeared that Saunders, one of the defendants, was a constable of the town…
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IN ERROR, on certiorari, from a justice’s court. Sarah Fur-man, the plaintiff below, brought an action of trespass against Beach and Saunders, before the justice, for taking and carrying away a cow, belonging to the plaintiff The defendants below pleaded not guilty; and Beach pleaded also a justification, under the act to regulate highways, (sess. 24. c. 186.) passed 8th April, 1806. At the trial, it appeared that Saunders, one of the defendants, was a constable of the town of Unadilla, and a warrant was issued by the commissioners of the highways of the town, directed to William Merithew,…
1Per curiam
Whether Sarah Furman, being a woman and a freeholder, was liable to be assessed to work on the highways, is a question which does not necessarily arise in this case. Admitting her not to have been liable to be assessed, yet as she was assessed, and a complaint in writing made to the justice by the overseer of highways, of her default, the justice was not to inquire into the legality of the assessment, but was bound, by the act, forthwith to issue his warrant of distress, and the constable was equally bound to execute it. The act is peremptory, and leaves no judicial or discretionary power,…
2Cited by8 opinions
- Barrett v. CraneSupreme Court of Vermont · 1844
- Clark v. PhelpsNew York Supreme Court · 1825
- Commonwealth ex rel. Bressler v. GaneSupreme Court of Pennsylvania · 1863
- Pullan v. KinsingerU.S. Circuit Court for the District of Southern Ohio · 1870
- Delaware R. v. PrettymanU.S. Circuit Court for the District of Delaware · 1872
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