Pryne v. Westfall
New York Supreme Court
Error to the Onondaga common pleas. Pryne sued Henry Westfall, jr. Martin Austin, and Caleb Jeffers, in trespass, before William Bentley, a justice of the peace.
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Error to the Onondaga common pleas. Pryne sued Henry Westfall, jr. Martin Austin, and Caleb Jeffers, in trespass, before William Bentley, a justice of the peace. On the return day of the summons the plaintiff declared against the defendants verbally, alleging that on the 3d of August, 1846, the defendants took and carried away from-a certain pit one load of coal, the property of the plaintiff, which he had levied on as a constable by virtue of an execution issued by E. B. Wigent, a justice of the peace, in favor of Peter Barber, against Martin Austin, one of the defendants, as Austin’s…
1Opinion of the Court
By the Court,
Gridley, J.
We deem it necessary to notice but one of the grounds of error relied on as fatal to the judgment rendered by the justice. The action, in the court below, was brought by the constable for the benefit of Barber, the plaintiff in the execution, against three defendants, one of whom was the defendant in the execution and the others were Strangers; the defendants pleading separately. The constable *499had levied upon the property in question, but had taken no actual possession of it. It is true that the property was of a ponderous character, so as to excuse a purchaser from…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Graves v. McKeonNew York Supreme Court · 1846
- Mercer v. SayreNew York Supreme Court · 1810
3Cited by1 opinion
- Howland v. . WillettsNew York Court of Appeals · 1853