Campbell v. Stakes
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Sarah Stakes, in July, 1821, commenced an action of trespass in the common pleas of New-York, against Samuel Campbell and Thomas Campbell, and declared against them, for that on the fourth of July, 1820, they drove a certain mare belonging to the plaintiff with such violence, and whipped and cruelly treated her in such manner, that she died. Samuel Campbell alone was taken on the process issued against the defendants.
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Error from the supreme court. Sarah Stakes, in July, 1821, commenced an action of trespass in the common pleas of New-York, against Samuel Campbell and Thomas Campbell, and declared against them, for that on the fourth of July, 1820, they drove a certain mare belonging to the plaintiff with such violence, and whipped and cruelly treated her in such manner, that she died. Samuel Campbell alone was taken on the process issued against the defendants. He appeared by guardian, and pleaded 1. Non cul.; 2. That at the time when, &c. the mare was in the possession of the defendants by virtue of a…
1Opinion of the Court
The Chancellor.
The first point made by the plaintiff is, that the action should have been case, and not trespass. If the object of this point is to support the first error assigned, to wit, that the declaration is insufficient, It certainly cannot be sustained.
The declaration is in the ordinary form of a declaration in trespass, and I can see no objection to it, either in form or substance. But I presume this point was intended to apply to the case made by the special plea of the defendant in the court below. I am satisfied an action on the case cannot be maintained against an infant under…
2Cited by39 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Hicks v. MichaelCalifornia Supreme Court · 1860
- McMahon v. . RauhrNew York Court of Appeals · 1871
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
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