Legal Opinion

Haley v. Wheeler

New York Supreme Court

Decided October 15, 1876Published

Appeal from a judgment of the County Court of Cattaraugus county in favor of the plaintiff, entered upon the verdict of a jury.

1Opinion of the Court

Taloott, J.:

This is an action of trespass. The complaint is in form for a trespass vi et armis quare elausum fregit. The suit was originally commenced before a justice of the peace. Before the justice a judgment was rendered for the defendant, on a verdict of no cause of action. The plaintiff appealed to the County Court of Cattarau-gus, where the jury rendered a verdict in his favor for fifty-three dollars, and judgment was entered for that sum. A motion was made in the County Court for a new trial, which was denied, and thereupon the defendant brought this appeal. The answer of the…

2Cases cited2 opinions

  1. Dewey v. OsbornNew York Supreme Court · 1825
  2. Van Alstine v. McCartyNew York Supreme Court · 1868

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