Rue v. Perry
New York Supreme Court
THIS was an action, commenced by the plaintiff in a justice’s court, to recover, by his title as constable, claiming it by virtue of a levy upon executions issued by justices of the peace, certain property which the defendant had purchased of one George W. Bishop, who was the defendant in the said executions. The property was purchased after the levy, but purchased from the defendant, who was in the possession, and without knowledge of the levy thereon by the plaintiff
1Opinion of the Court
By the Court, P. Potter, J.
The plaintiff recovered the value of the property, before the justice, and the county court of Montgomery county affirmed the judgment. But this court is not informed upon what grounds it was affirmed, by any opinion given by the county judge; and we aye therefore to look at the proceedings before the justice, to see what errors, if any, were committed by him. Four grounds of error are set forth in the notice"of appeal, but only one of these demands consideration, to wit: “'Fourth. The judgment was unsupported by evidence, in that the plaintiff did not show himself…
2Cases cited5 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Dunlap v. HuntingNew York Supreme Court · 1846
- Imbert v. HallockNew York Court of Common Pleas · 1862
- Kerry v. ArcherNew York Supreme Court · 1866
- Austin v. BurnsNew York Supreme Court · 1853