Smith v. Lewis
New York Supreme Court
THIS cause came before the court on a writ of error f , , , irom the Dutchess common pleas. The declaration in this case, in the court below, stated, that the defendant brought an action of trespass on the case against the plaintiff and four other persons, at Fairjield, in the state of Connecticut; that the action was commenced by a writ of attachment, dated the 4th day of , . April, 1799, and made returnable m Fairfield county court, on the 3d Tuesday of April, 1799, and…
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THIS cause came before the court on a writ of error f , , , irom the Dutchess common pleas. The declaration in this case, in the court below, stated, that the defendant brought an action of trespass on the case against the plaintiff and four other persons, at Fairjield, in the state of Connecticut; that the action was commenced by a writ of attachment, dated the 4th day of , . April, 1799, and made returnable m Fairfield county court, on the 3d Tuesday of April, 1799, and which writ of attachment contained a declaration, in substance, as follows t That at Brookfield, on the 26th day of…
1Opinion of the CourtSpencer, J.
The declaration in this cause contains but one count ; it sets forth, minutely, a suit brought by the defendant against the plaintiff and others, in a court *165of common pleas in the state of Connecticut, and after-wards removed to the superior court of that state, in which the defendant prevailed and obtained a judgment, after a trial before a jury, and the payment of thatjudgment by the plaintiff. It is then alleged, that the defendant, in order to prove the matters necessary to maintain his suit, unlawfully and corruptly, and with a view and design to deceive the court and jury, and to injure…
2Cited by37 opinions
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- Tucker v. HarrisSupreme Court of Georgia · 1853
- Taylor v. BidwellCalifornia Supreme Court · 1884
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