Rockwell v. Saunders
New York Supreme Court
THREE suits in replevin (or for the delivery of personal prop-' erty) brought in February, 1852, to recover 16,000 hemlock boards, were consolidated by stipulation; and were tried before Mr. Justice Cady, at the Saratoga circuit, in October, 1852. The logs, from which the timber was sawed, came from a lot in Kayaderosseras patent, to which George W. Bancker, at the time of his death, had title, (unless it had passed by a sheriff’s sale hereafter mentioned.) One Ralph…
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THREE suits in replevin (or for the delivery of personal prop-' erty) brought in February, 1852, to recover 16,000 hemlock boards, were consolidated by stipulation; and were tried before Mr. Justice Cady, at the Saratoga circuit, in October, 1852. The logs, from which the timber was sawed, came from a lot in Kayaderosseras patent, to which George W. Bancker, at the time of his death, had title, (unless it had passed by a sheriff’s sale hereafter mentioned.) One Ralph testified, that he went on to the lot in 1833, and occupied it till May, 1850, and left his “ things” there till September,…
1Opinion of the Court
By the Court,
Hand, P. J.
It was admitted, upon the trial that the property had been replevied and the demand is, for judgment against the defendants for the possession of the property, and that they be adjudged to pay to the plaintiff damages to the amount of $2000, and interest and costs; and yet the judgment is for the value of the property as assessed by the jury. This is probably a mistake, but the record is clearly erroneous. It is said the court of appeals has decided, in a case not yet reported, that a judgment for the defendant, in the action of replevin, must, under the code, be in…
2Cases cited13 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Rogers v. ArnoldNew York Supreme Court · 1834
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Mooers v. WaitNew York Supreme Court · 1829
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3Cited by15 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Smith v. DoddsIndiana Supreme Court · 1871
- Chamberlin v. WinnWashington Supreme Court · 1889
- In re State Reservation at NiagaraNew York Supreme Court · 1884
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