Rockwell v. . Nearing
New York Court of Appeals
Appeal from a decision of the Supreme Court in the sixth judicial district, affirming the reversal by the Otsego County Court of a judgment in favor of a testator before a magistrate.
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Appeal from a decision of the Supreme Court in the sixth judicial district, affirming the reversal by the Otsego County Court of a judgment in favor of a testator before a magistrate. The complaint contained two counts; one alleged the wrongful taking, and the other the wrongful conversion, by the defendant, of a cow belonging to the plaintiff. ' The answer put these allegations in issue, and alleged, by way of justification, that the defendant took the cow into his custody on the 17th of May, 1864, under the authority of chapter 459 of the Laws of 1862, while she was running at large on the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant claims to have acquired title in the plaintiff's cow, through his own act in seizing, selling and buying her, without judicial authority, and without the consent of the owner. She was in his door-yard; and there is no pretense of any warrant for her seizure, unless it can be justified under the provisions of the "act to prevent animals from running at large in the public highways." (Session Laws 1862, 844.)
The first section of that act declares…
2Cases cited6 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Commissioners of Highways v. ClawNew York Supreme Court · 1818
- Peters v. NewkirkNew York Supreme Court · 1826
- Colquhoun v. New-York Firemen InsuranceNew York Supreme Court · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Matter of Application of JacobsNew York Court of Appeals · 1885
- State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
- Fox v. Mohawk & Hudson River Humane SocietyNew York Court of Appeals · 1901
- Happy v. . MosherNew York Court of Appeals · 1872
44 more not listed; retrieve them via the Exa API.