Rhodes v. Bunts
New York Supreme Court
Error from the Chemung common pleas. Herman Bunts sued Rhodes and Rider in an action of replevin for taking and detaining a cow. The defendants pleaded severally non cepit and property in one Conrad Bunts, by virtue of an attachment against whom, the cow was taken.— The plaintiff took issue upon the pleas of property.
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Error from the Chemung common pleas. Herman Bunts sued Rhodes and Rider in an action of replevin for taking and detaining a cow. The defendants pleaded severally non cepit and property in one Conrad Bunts, by virtue of an attachment against whom, the cow was taken.— The plaintiff took issue upon the pleas of property. The record stated that the cause was tried by a jury and that they found both issues in favor of the plaintiff, and assessed his damages at 12 cents besides costs, on which verdict, judgment was entered. The defendants sued out a writ of error, and specially assigned for error…
1Opinion of the Court
By the Court,
Nelson, C. J.
It is insisted on the part of the plaintiff in error that the verdict is imperfect in not disposing of the plea of property, and that consequently the judgment is erroneous. There are two answers to this objection : first, the general verdict authorized the entry upon the record of a finding in favor of the plaintiff upon both the
*20issues, 2 Burr. 688, 6 Wendell, 268, 12 Id. 164; and secondly the defendants below cannot in this way contradict the record. If it had been improperly made up, they should have applied on motion to amend it, Bacon’s Abr. tit. Error E; 1…
2Cases cited2 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Moody v. VreelandNew York Supreme Court · 1831
3Cited by3 opinions
- Eaton v. CaldwellSupreme Court of Minnesota · 1859
- Fox v. StevensSupreme Court of Minnesota · 1868
- Hill v. StockingNew York Supreme Court · 1844