Dezell v. Odell
New York Supreme Court
Error to the St. Lawrence C, P., where Odell brought an action of trover against James Dezell. It appeared on the trial in the court below that a judgment was rendered by a justice of the peace in favor of John Lytle against David Mitchell and Alexander Dezell, for $52,08 damages and costs, on which an execution was issued and delivered to the plaintiff below, a constable.
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Error to the St. Lawrence C, P., where Odell brought an action of trover against James Dezell. It appeared on the trial in the court below that a judgment was rendered by a justice of the peace in favor of John Lytle against David Mitchell and Alexander Dezell, for $52,08 damages and costs, on which an execution was issued and delivered to the plaintiff below, a constable. The plaintiff gave the execution in evidence, together" with an endorsement thereon in his own handwriting, showing that, on the 1st of October, 1839, he made a levy on one bay horse, one sorrel mare, one double wagon, one…
1Dissent
Bronson, J. dissenting.
The only question of any importance in the cause, is that which arises upon the defendant’s offer to prove that he was the owner of the property. The court below rejected the evidence, and gave to the receipt the force of a technical estoppel. Upon this offer and rejection of evidence it must be taken for granted that the defendant was in truth the owner of the property ■ and the question then is, whether he has done any act by which he has lost or forfeited his right to the goods. And here it is important to notice that the question of estoppel stands wholly on the…
2Cases cited6 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Demyer v. SouzerNew York Supreme Court · 1831
- Acker v. BurrallNew York Supreme Court · 1839
- Hollister v. JohnsonNew York Supreme Court · 1830
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