Legal Opinion

Alexander v. Mahon

New York Supreme Court

Decided May 15, 1814PublishedCited by 16 opinions

1N.ERROR, from the court of common pleas of Herkimer county. Mahon brought an action .of trover against Alexander In the court below. It appeared that the plaintiff below, as sheriff, had seized and taken the goods in .question, by virtue of a fieri facias against the goods, &c. of Jonas Churchill; and before the goods were removed from the possession of Churghill, the defendant below took them as a distress, and sold tbiém for rent.

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1N.ERROR, from the court of common pleas of Herkimer county. Mahon brought an action .of trover against Alexander In the court below. It appeared that the plaintiff below, as sheriff, had seized and taken the goods in .question, by virtue of a fieri facias against the goods, &c. of Jonas Churchill; and before the goods were removed from the possession of Churghill, the defendant below took them as a distress, and sold tbiém for rent. At the trial, the plaintiff offered Churchill as a witness, and being objected to by the defendant, he was rejected by the court. The defendant then offered…

1Per curiam

The court below undoubtedly erred in excluding Churchill as a witness. He stood perfectly indifferent between the parties; for it was immaterial to him which of them held his goods. He was entirely disinterested, for whoever succeeded in the suit, he was sure to lose his goods. His exclusion as a witness operated injuriously to the defendant in error. He was, however, excluded at the instance of the plaintiff in error. As Churchill was a good and competent witness, the plaintiff in error cannot avail himself of his confessions; and in overruling the proof of these confessions, the court below…

2Cited by16 opinions

  1. Fort v. BurchNew York Supreme Court · 1849
  2. Hurd v. WestNew York Supreme Court · 1827
  3. Caldwell v. WilliamsIndiana Supreme Court · 1849
  4. Williamson v. RinggoldU.S. Circuit Court for the District of District of Columbia · 1830
  5. Finney v. HardingAppellate Court of Illinois · 1889

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