Kline v. Husted
New York Supreme Court
IN error on certiorari, in this, and two other causes, the following points were relied on. 1st. That the action being trover, and the defendant having justified by pleading a right of entry, under a lease for rent-arrear, in consequence of which, he entered, distrained, and sold, (as it was lawful for him to do,) the justice ruled the plea to be equivalent to the general issue, and proceeded accordingly. 2d.
Read the full summary
IN error on certiorari, in this, and two other causes, the following points were relied on. 1st. That the action being trover, and the defendant having justified by pleading a right of entry, under a lease for rent-arrear, in consequence of which, he entered, distrained, and sold, (as it was lawful for him to do,) the justice ruled the plea to be equivalent to the general issue, and proceeded accordingly. 2d. That the court was held on the 12th of the month, and adjourned to th'e 22d, but the venire was tested on the 21st, when the court was not sitting, or, in other words, out of term. 3d.…
1Opinion of the CourtThompson, J.
This case comes before the court on certiorari. The exceptions taken to the return, are, 1st. That the proceedings were in the county of Dutchess, and the whole cause of action stated to have arisen in the county of Columbia. 2d. That there was a special plea put in, and justice went,to trial without any replication, or issue being joined. 3d. That the venire is defective in being directed to a constable of the county.
The first exception, on examination of the record, does not, in point of fact, appear to be well taken. The action, is in trover; the declaration not very formally, or techni*278call…
2Cited by3 opinions
- Willard v. BridgeNew York Supreme Court · 1848
- Stuart v. CloseNew York Supreme Court · 1828
- Wemple v. JohnsonNew York Supreme Court · 1835