Sprague v. Kneeland
New York Supreme Court
Error from the Broome common pleas. Kneeland sued Sprague and Carey in replevin, for taking a horse. The defendants pleaded separately.
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Error from the Broome common pleas. Kneeland sued Sprague and Carey in replevin, for taking a horse. The defendants pleaded separately. Sprague pleaded, 1. Non cepit; 2. That as a constable, he took the horse by virtue of an attachment, issued by a justice of the peace at the suit of L. Dim-mick and C. W. Sanford against the goods, &c. of H. K. Saunders; that the horse was the property of Saunders, traversing the property to be in the plaintiff; 3. A similar plea to' the second, except that instead of alleging the property to be in Saunders, with a traverse as above, the defendant alleged…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question in this cases arises upon the record. The jury have found but one issue for the plaintiff, and that upon the pleas of non cepit. 1 cannot distinguish this case from Bemus v. Beekman, 3 Wendell, 667. It was there determined that in replevin, where a plea of property is interposed as well as a plea of non cepit, a verdict for the plaintiff upon non cepit determines nothing except the taking, and does not entitle the plaintiff to damages, unless the other issues are found for him. In that case the jury did not find damages, and this court amended the…
2Cases cited2 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by16 opinions
- Anderson v. HubbleIndiana Supreme Court · 1884
- Caldwell v. WilliamsIndiana Supreme Court · 1849
- Holt v. Van EpsSupreme Court Of The Territory Of Dakota · 1875
- Woodruff v. CookNew York Supreme Court · 1857
- Eaton v. CaldwellSupreme Court of Minnesota · 1859
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