Marsh v. Berry
New York Supreme Court
Oi~r error to the Ohenango 0, P. The cause was commenced there in 1821. In that court, Marsh declared against Richard W. Berry and Simeon Berry, in trespass quare e~ausum freg~. Plea, not guilty. The jury found that Simeon S. Berry and Richard W. Berry were not guilty; and judgment was entei~ed, that the defendants recover again~t the plaintiff costs, adjudged to Richard W. Berry and John S. Berry.
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Oi~r error to the Ohenango 0, P. The cause was commenced there in 1821. In that court, Marsh declared against Richard W. Berry and Simeon Berry, in trespass quare e~ausum freg~. Plea, not guilty. The jury found that Simeon S. Berry and Richard W. Berry were not guilty; and judgment was entei~ed, that the defendants recover again~t the plaintiff costs, adjudged to Richard W. Berry and John S. Berry. On the trial, the plaintiff took several exceptions, which caine here upon a bill of exceptions. It stated that the plaintiff impleaded R. & S. Berry in trespass, in a justice's court, for breaking…
1Opinion of the Court
Curia, per Woodworth, J.
The plea of title admitted the trespass. The act, (1 R. L. 390,) declares, that on every trial to be had, the plea, signed by the defendant, shall be conclusive evidence that the defendant relied on his title to justify the trespass. The act is silent as to the form of pleading, after the cause is removed to the common pleas. I have always considered, that the form of the plea put in by a defendant in that court, was not material, nor could be available, other than as a plea of title; and that the production of a plea of title, put in before the justice, would be…
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