Mattison v. . Baucus
New York Court of Appeals
On. error from the Supreme Court. Mattison sued Baucus in trover in a Justice’s Court, in the county of Rensselaer, and recovered judgment. The defendant appealed to the ' Common Pleas of that county, where the cause was tried in 1844, and the plaintiff again recovered judgment for the value of the property in question.
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On. error from the Supreme Court. Mattison sued Baucus in trover in a Justice’s Court, in the county of Rensselaer, and recovered judgment. The defendant appealed to the ' Common Pleas of that county, where the cause was tried in 1844, and the plaintiff again recovered judgment for the value of the property in question. A hill of exceptions was taken by the defendant on that trial, and a writ of error brought by him into the Supreme Court, where the judgment of the Common Pleas was reversed, and a venire de novo awarded. A judgment record of such reversal being made up, Mattison now brings…
1Opinion of the CourtGardiner, J.
Upon the trial in the Common Pleas, the plaintiff gave evidence tending to prove a judgment in favor of one Basset against John Foster, for $20,66, and execution issued upon the same and delivered to Mattison, the plaintiff, who was a constable, by virtue of which he levied upon the property in question in July, 1839, then being in possession of one Lyon. It further-appeared -that Foster, the judgment debtor, had previously and on the 11th day of June, 1839, executed a chattel mortgage of said property, in due form of law, to Lyon, to secure a debt owing by the former to the latter, of…
2Cases cited3 opinions
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Otis v. WoodNew York Supreme Court · 1830
3Cited by10 opinions
- Marsden v. . CornellNew York Court of Appeals · 1875
- Campbell v. FishNew York Court of Common Pleas · 1878
- Kerr v. DildineNew York Supreme Court · 1887
- Bryan v. SmithNew York Court of Common Pleas · 1885
- Cutler v. James Goold Co.New York Supreme Court · 1887
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