Judges of Oneida Common Pleas v. People ex rel. Savage
Court for the Trial of Impeachments and Correction of Errors
The original action in the Common Pleas, in this case was trover, for the conversion of 14 sato logs. brought by Esther Sanford v. Savage, the relator. The title of the plaintiff to the premises was not controverted on the trial: but she proved that the land on which they were cut, had been assigned to her by her children by parol, as her dower. A verdict was found in her favor for $4 50, damages, and six cents costs.
Read the full summary
The original action in the Common Pleas, in this case was trover, for the conversion of 14 sato logs. brought by Esther Sanford v. Savage, the relator. The title of the plaintiff to the premises was not controverted on the trial: but she proved that the land on which they were cut, had been assigned to her by her children by parol, as her dower. A verdict was found in her favor for $4 50, damages, and six cents costs. The Common Pleas, on her application, made an order granting her costs on the ground, as above stated “ that the title to land had come in question «pon the trial of the cause.”…
1Opinion of the Court
Peremptory mandamus granted accordingly.
Upon this decision, a writ of error was sued out as before mentioned in the name of the Judges of the Oneida Common Pleas, and on the argument the question was raised whether the Supreme Court had jurisdiction by mandamus to compel the Common Pleas to vacate their order.
After advisement, opinions were delivered by Chancellor Walworth and Senator A. H. Tracy.
The Chancellor, in his opinion, goes fully into the question “ whether the Supreme Court was right in supposing that it appeared from the return to the alternative writ, that the title to land did…
2Cases cited6 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- People ex rel. Fleming v. Niagara C. P.New York Supreme Court · 1834
- Champlin v. RowleyNew York Supreme Court · 1837
- People v. Judges of Oneida Common PleasNew York Supreme Court · 1839
1 more not listed; retrieve them via the Exa API.