Cleveland v. Rogers
New York Supreme Court
Demurrer to avowries in replevin. The plaintiff declared in replevin for the taking of a horse, waggon and harness. The defendant pleaded non cepit, and also mowed the taking of the property, “because, on the 21st July, 1828, before J. W. P., one of the justices of the peace of the town of S., in the county of Washington, J. Carswell, and two others, commissioners of highways of the the town of S., by "the judgment and consideration of the said justice, recovered a judgment…
Read the full summary
Demurrer to avowries in replevin. The plaintiff declared in replevin for the taking of a horse, waggon and harness. The defendant pleaded non cepit, and also mowed the taking of the property, “because, on the 21st July, 1828, before J. W. P., one of the justices of the peace of the town of S., in the county of Washington, J. Carswell, and two others, commissioners of highways of the the town of S., by "the judgment and consideration of the said justice, recovered a judgment against M. Cleveland, the above plaintiff for $12,53 damages and costs, in a plea of debt, which said cause of action…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is presented whether enough is set forth to shew that the justice had jurisdiction of the cause. The only allegations going to shew jurisdiction are, the fact that judgment was rendered in an action of debt, and the averment that the justice had jurisdiction.
The rule is supposed to be well setled, ever since the case of Ladbroke v. James, Willes, 199, that in pleading the proceedings of inferior courts or jurisdictions, it is not sufficient for the party to aver that such court bad jurisdiction, but the facts must be stated which are necessary to confer…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by26 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- Cutler v. HurlbutWisconsin Supreme Court · 1871
21 more not listed; retrieve them via the Exa API.