Legal Opinion

Baley v. Wortsman

New York Supreme Court

Decided June 15, 1886Published

Appeal from judgment of Yates county court, affirming a judgment rendered by a justice of the peace in favor of the defendant.

1Opinion of the CourtBradley, J.

The action is trespass for the alleged entering the plaintiff’s close by the defendant, and taking, carrying away and converting to his own use a quantity of barley.

The answer puts in issue the allegations of the complaint, and alleges, by way of justification, that one Gibson was collector of school district number seven, in the town of Barrington, county of Yates, who entered upon the premises, levied upon and carried away the barley by virtue of a collector’s warrant, duly issued to him by the trustee of the district, as he lawfully might. And that the defendant, at his request, assisted…

2Cases cited3 opinions

  1. Jewell v. . Van SteenburghNew York Court of Appeals · 1874
  2. Abbott v. YostNew York Supreme Court · 1846
  3. Doolittle v. DoolittleNew York Supreme Court · 1860

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