Hastings v. Ellis
New York Supreme Court
Replevin for a span of horses, tried at the Onondaga circuit in September, 1847. Several exceptions were taken by the plaintiff, upon the trial, which it is not necessary to mention. The counsel for the defendants moved for a nonsuit, on the ground that the defendant Farmer was an Onondaga indian, and that a civil suit could not therefore be maintained against him.
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Replevin for a span of horses, tried at the Onondaga circuit in September, 1847. Several exceptions were taken by the plaintiff, upon the trial, which it is not necessary to mention. The counsel for the defendants moved for a nonsuit, on the ground that the defendant Farmer was an Onondaga indian, and that a civil suit could not therefore be maintained against him. The fact that he was such, and lived on the reservation belonging to the tribe, was conceded by the plaintiff’s counsel. The motion for a nonsuit was denied. The defendants proved that the horses had formerly belonged to Farmer,…
1Opinion of the Court
By the Court,
Gridley, J.
This is an action of replevin in the cepit, for two horses, taken from the plaintiff by the defendants. The defence set up at the trial of the cause, was the fact that the property belonged to Farmer. Farmer was an indian of the Onondaga tribe, and was originally the owner of the horses, and the main question was, whether his title was divested by a sale on a justice’s execution issued upon a judgment recovered against him in an action upon contract. The summons was returned personally served, and no one appearing for the defendant, the justice, upon due proof,…
2Cases cited2 opinions
- Dewitt v. PostNew York Supreme Court · 1814
- Maxson v. AnnasCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- People ex rel. Lower v. DonovanNew York Court of Appeals · 1892