Sherwood v. Phillips
New York Supreme Court
Error from the Washington common pleas. Phillips sued Sherwood in the common pleas, in an action of replevin, for the taking of a quantity of peas, oats and fire-wood.
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Error from the Washington common pleas. Phillips sued Sherwood in the common pleas, in an action of replevin, for the taking of a quantity of peas, oats and fire-wood. Sherwood made cognizance as the bailiff of J. C. Heartt and others, acknowledging the taking of the property in question as a distress for rent; averring that on the 14th July, 1819, Heartt and his associates demised certain premises to Phillips, for the term of tico years, at an annual rent of $50; that Phillips entered, and, by virtue of such demise, was possessed of the premises from the day of the date of the demise for the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question upon this record is, whether the cognizance demurred to is good or not.
The first objection is formal rather than substantial. It is this : The declaration charges the defendant with talcing 10 acres of peas, 10 acres of oats, and 20 cords of fire-wood. The cognizance justifies the taking the said two fields of peas, one field of oats, and the said wood. It will be perceived that the cognizance describes the peas and oats as they are described in the first count of the declaration, and not in terms as in the second count, to which it purports to be an…
2Cited by12 opinions
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- Kennedy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- McQuinn v. LogueMissouri Court of Appeals · 1910
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