Miller v. Plumb
New York Supreme Court
On error from the C. P. of Monroe county. Plumb brought trover in the court below against Miller, for certain materials appertaining to a building for manu-factoring ashes, viz: 2 potash kettles, ¡2 five-pail kettles, 2 troughs, 5 leaches, and 500 feet of boards. It appeared, at the trial, that while Plumb owned the ashery, the materials in question belonged to it. The two potash kettles were set in an arch of mason work with a chimney.
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On error from the C. P. of Monroe county. Plumb brought trover in the court below against Miller, for certain materials appertaining to a building for manu-factoring ashes, viz: 2 potash kettles, ¡2 five-pail kettles, 2 troughs, 5 leaches, and 500 feet of boards. It appeared, at the trial, that while Plumb owned the ashery, the materials in question belonged to it. The two potash kettles were set in an arch of mason work with a chimney. The arches were set upon a platform ; but not fastened to the building, The troughs were sunk in the ground, so that the upper ° part was nearly even with the…
1Opinion of the Court
Curia, per
Woodwokth, J.
The first objection is to the form of the record.
A continuance is entered from June to October term; and then an award of venire to December term, then next; at which day came the parties; and the jurors also came. This is sufficiently plain, and must be understood, that the parties and jurors appeared at December term. Although, under the statute, the continuance might have been awarded from June to December, without any award of venire, the present entry is substantially the same; and, at most, is only a miscontinuance, which is cured by the statute of jeofails. (3…
2Cases cited1 opinion
- Administrators of Dumond v. CarpenterNew York Supreme Court · 1808
3Cited by12 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Andrews v. Day Button Co.New York Court of Appeals · 1892
- Cohen v. KylerSupreme Court of Missouri · 1858
- Sands v. PfeifferCalifornia Supreme Court · 1858
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