Walker v. Moseley
New York Supreme Court
Error to the Onondaga common pi.ws, Walker was plaintiff and Moseley defendant in an action of v'V'i'.Lss de bonis asportatis prosecuted before a justice of the peace. Mter a trial in that court the justice rendered a judgment for the ¡vvendant which was affirmed by the common pleas. The taking, ’'y the defendant, of the property for which the action was bro,;¿ ;>t, was proved.
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Error to the Onondaga common pi.ws, Walker was plaintiff and Moseley defendant in an action of v'V'i'.Lss de bonis asportatis prosecuted before a justice of the peace. Mter a trial in that court the justice rendered a judgment for the ¡vvendant which was affirmed by the common pleas. The taking, ’'y the defendant, of the property for which the action was bro,;¿ ;>t, was proved. The defendant justified under two several rants issued against the plaintiff by a justice of the peace, upon complaints made by the defendant as an overseer of highways of the town of Onondaga, by each of which…
1Opinion of the Court
By the Court, Whittlesey, J.
The proceedings introduced and proved by the defendant below, appear to be strictly according to the statute in relation to highways; (1 R. S. 510, §§ 41 to 43;) and as no objection is taken to their regularity, they *104will for the purposes of this suit be assumed to be regular. The defendant did not prove that at the time of taking the proceedings he was an overseer of highways, the justice holding that it was not necessary for him so to do. And the plaintiff offered to prove that the defendant was not at such time overseer of highways, which proof the justice…
2Cases cited1 opinion
- Whitney v. ShufeltCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Morse v. PresbySuperior Court of New Hampshire · 1852