Searles v. Cronk
New York County Courts
Appeal from j ustice’s judgment. The action was trespass guare clausum fregit. The complaint charged the defendant with having entered the plaintiff’s close and taking therefrom a cow, then and there being in the plaintiff’s possession. The answer denied the allegations of the complaint. The trial was by jury and resulted in a verdict of no cause of action. The justice entered on the verdict a judgment against the plaintiff with costs.
Read the full summary
Appeal from j ustice’s judgment. The action was trespass guare clausum fregit. The complaint charged the defendant with having entered the plaintiff’s close and taking therefrom a cow, then and there being in the plaintiff’s possession. The answer denied the allegations of the complaint. The trial was by jury and resulted in a verdict of no cause of action. The justice entered on the verdict a judgment against the plaintiff with costs. The plaintiff appealed to this court from the judgment, alleging it to be without and against law and evidence. The evidence clearly showed the entry into the…
1Opinion of the Court
Eomeyn, County Judge.
The defendant concedes, what cannot be successfully controverted, that the verdict of the jury, and the judgment of the justice founded upon it, in this cause, are without and against law and .evidence, and most be reversed unless, as he claims, this court is at liberty to affirm the same upon the assumption that the plaintiff was entitled to but nominal damages therein. This, however, I do not feel at liberiy to do: 1st. Because I do not think I have any such discretion; and 2d. Because I do not think this is any such case.
1. This is a.proceeding in error from a judgment…
2Cases cited5 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Herrick v. StoverNew York Supreme Court · 1830
- Chapman v. Thames Manufacturing Co.Supreme Court of Connecticut · 1839
- Bennett v. ButterworthSupreme Court of the United States · 1852
- Rathbone v. StantonNew York Supreme Court · 1849
3Cited by3 opinions
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Moore v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1893
- Raymond v. CoxNew Jersey Court of Chancery · 1888