Wilcox v. Selleck
New York Supreme Court
Appeal from circuit court, Oswego county. Replevin by Edwin Wilcox against Wilbur H. Selleck, as sheriff of Oswego county. From a judgment entered on a verdict in favor of plaintiff, defendant appeals.
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Appeal from circuit court, Oswego county. Replevin by Edwin Wilcox against Wilbur H. Selleck, as sheriff of Oswego county. From a judgment entered on a verdict in favor of plaintiff, defendant appeals. The value of the property was agreed at $500, and the damages for detention were agreed to be $50; and, pursuant to the direction of the court, the jury found “that the plaintiff was the owner and entitled to the possession of the property described in the complaint, at the time the same was levied” upon by the defendant as sheriff. At the close of the evidence, when the court directed the jury…
1Opinion of the CourtHardin, P. J.
A careful perusal of the evidence leads to the conclusion that there was some evidence given upon the trial, which, if accredited by the jury, would have warranted a verdict in favor of the defendant. Several witnesses were called, who gave testimony which, if accepted entirely as given, would warrant us in sustaining the verdict as directed. The plaintiff and his father were so *634situated with reference to the controversy that the jury would have been authorized to disbelieve their testimony in part or in whole. We think the question of their credibility was for the jury, and that a case was…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Powers v. . SilbersteinNew York Court of Appeals · 1888
- Goldsmith v. CoverlyNew York Supreme Court · 1894
- McCann v. . Sixth Ave. R.R. Co.New York Court of Appeals · 1889
- Roseberry v. NixonNew York Supreme Court · 1890
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3Cited by2 opinions
- Hopkins v. ClarkAppellate Division of the Supreme Court of the State of New York · 1896
- Slattery v. HaskinAppellate Division of the Supreme Court of the State of New York · 1896