Brill & Brill v. Flagler
New York Supreme Court
Error from the Dutchess C. P. Flagler sued the Brills in trepass for killing a dog. The defendants pleaded, 1. Non cul. : 2. That the dog was accustomed to come upon the close of the defendants and spoil their grass and corn, and chase, pursue and worry their sheep, &c. of which the plaintiff had notice, and because the dog, on, &c. was in the close of the defendants spoiling their grass and grain, and chasing, pursuing and worrying their sheep, &e. they killed him; 3. That…
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Error from the Dutchess C. P. Flagler sued the Brills in trepass for killing a dog. The defendants pleaded, 1. Non cul. : 2. That the dog was accustomed to come upon the close of the defendants and spoil their grass and corn, and chase, pursue and worry their sheep, &c. of which the plaintiff had notice, and because the dog, on, &c. was in the close of the defendants spoiling their grass and grain, and chasing, pursuing and worrying their sheep, &e. they killed him; 3. That the dog was accustomed to come upon the close of the defendants, in the night time as well as in the day time, and by…
1Opinion of the Court
Nelson, Ch. J.
By the Court, The bill of exceptions in this case is unnecessarily voluminous ; it contains a great deal of idle repetition, that serves only to i/ic umber the record, and increase the labor of the court. One ob*356jection to the testimony of a witness presenting for decision a particular point of law, is as available to the party for the purpose of review, as if the same was raised in the case of each witness examined. Substantially the same questions are here raised with tedious particularity in various stages of the trial, as if the strength of the objection depended upon the…
2Cited by6 opinions
- Smith v. HillNew York Supreme Court · 1856
- Bowers v. HorenMichigan Supreme Court · 1892
- Dunlap v. SnyderNew York Supreme Court · 1854
- Nickley v. ThomasNew York Supreme Court · 1856
- Wood v. StotskiCourt of Appeals of Maryland · 1925
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