Adsit v. Wilson & Chamberlain
New York Supreme Court
Present, Taggart, P. /., Marvin, Hoyt and Mullett, Justices. Appeal from a judgment of the County Court of Cattaraugus county, reversing a judgment of a Justice's Court.
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Present, Taggart, P. /., Marvin, Hoyt and Mullett, Justices. Appeal from a judgment of the County Court of Cattaraugus county, reversing a judgment of a Justice's Court. The action before the justice was commenced the 16th day of December 1849, and was tried by the justice and a jury, February 5th, 1850. The plaintiff complained of the defendants for taking and converting to their own use a horse of the plaintiff of, the value of $75, and 'claimed damages to $ 100. The defendants, by their answer, denied “ each and every allegation contained in the complaint,” and for further answer set up a…
1Opinion of the Court
By the Court, Mullett, Justice.
This is an appeal from a, judgment of a County Court, reversing a judgment of a court of a justice of the peace, on appeal. The County Court, as appears by the judge’s written opinion, reversed the judgment of the Justice’s Court, for certain alleged errors in law-, clearly specified in the opinion; but one of the reasons, if not the principal reason, urged in this court, for sustaining the judgment of reversal is, that the verdict in the Justice’s Court was against the evidence, and the County Court should have reversed, or was right in reversing the judgment…
2Cases cited3 opinions
- Harvey v. RickettNew York Supreme Court · 1818
- Stryker v. BergenNew York Supreme Court · 1836
- Ex parte Williams v. Albany Mayor's CourtNew York Supreme Court · 1835
3Cited by16 opinions
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Ming v. TruettMontana Supreme Court · 1871
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
- Jourdan v. HealeyNew York Court of Common Pleas · 1892
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