Prosser v. Woodward
New York Supreme Court
Demurrer to replications. The plaintiffs declared in replevin, for that the defendant on, &c., at, &c., did unjustly take and detain a canal boat, together with her apparel and furniture, goods and chattels which the plaintiffs were then and there entitled to the possession of, of great value, <&c.
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Demurrer to replications. The plaintiffs declared in replevin, for that the defendant on, &c., at, &c., did unjustly take and detain a canal boat, together with her apparel and furniture, goods and chattels which the plaintiffs were then and there entitled to the possession of, of great value, <&c. The third plea of the defendant was actio non, &c., because the said goods and chattels, at the said time, when, &c., were the property of Heman Ward and Mahlen Kings-man jointly, without this, that the plaintiffs had any lawful right to the possession thereof, as by the declaration, is above…
1Opinion of the Court
After argument, the following opinions were delivered :
By Mr. Justice Bronson. The pleader' who drew the declaration has not followed the precedents, and alleged that the defendant took certain goods and chattels of the said plaintiffs: but the allegation is, that the defendant took certain goods and chattels which the plaintiffs were *207then and there entitled to the possession of. It d.oes not necessarily follow from this averment that the action can be maintained. The plaintiffs may have been entitled to the possession, without being the general owners of the property ; and they may have been…
2Cases cited3 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Marshall v. DavisNew York Supreme Court · 1828
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by21 opinions
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- Worley v. Cincinnati, Hamilton, & Dayton RailroadOhio Superior Court, Cincinnati · 1855
- Johnson v. . CarnleyNew York Court of Appeals · 1854
- Anstice v. HolmesNew York Supreme Court · 1846
- Constantine v. FosterIllinois Supreme Court · 1870
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