Freeman v. Cornwall
New York Supreme Court
jjyT jgRROR, on certiorari, from a justice’s court. Cornwall brought an action of trespass on the case against Freeman, before the justice, for taking hay belonging to the plaintiff, under pretence of being pathmaster, See.
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jjyT jgRROR, on certiorari, from a justice’s court. Cornwall brought an action of trespass on the case against Freeman, before the justice, for taking hay belonging to the plaintiff, under pretence of being pathmaster, See. The plaintiff proved that a constable t0ok and sold two stacks of hay belonging to the plaintiff, by vire ■*» , , . . . _ , tue of a warrant issued by a justice ot the peace on the complaint of the defendant, a pathmaster, against the plaintiff; that the hay wa~ worth 36 dollars, and was sold by the constable, at auction, for 1 dollar and 62 cents. The plaintifF had been…
1Per curiam
The act of the defendant below, for which he was sued, was for adjudging the plaintiff in default in not working on the highway, as required by law; and for complaining to a magistrate, and causing a warrant of distress to be issued in pursuance of the act to regulate highways. (Sess. 24. c. 186. s. 11.) But the defendant was not answerable, in a private action, for any error of judgment in the execution of his trust, as an overseer of the highway. He is only responsible for any neglect or refusal, under the 11th section of the act, which subjects him, in such case, to a penalty. This seems…
2Cited by4 opinions
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- Stewart v. CaseSupreme Court of Minnesota · 1893
- McConnell v. DeweyNebraska Supreme Court · 1877
- Craig v. BurnettSupreme Court of Alabama · 1858