Miller v. Brinkerhoff
New York Supreme Court
Error to Tioga C. P. Brinkerhoff sued Miller before a justice, in trespass, for taking his cow. On the trial, the defendant proposed to justify the taking of the cow under an attachment in his favor against the plaintiff and one Hoyt, issued by a justice of the peace.
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Error to Tioga C. P. Brinkerhoff sued Miller before a justice, in trespass, for taking his cow. On the trial, the defendant proposed to justify the taking of the cow under an attachment in his favor against the plaintiff and one Hoyt, issued by a justice of the peace. The affidavit on which the attachment issued was made on the 13th day of December, 1838; and stated in proper form that the plaintiff and Hoyt were indebted to the defendant upon contract, and that the application was made on the ground that the plaintiff and Hoyt had assigned and disposed of, and were about to remove their…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When certain facts are to be proved to a court of special and limited jurisdiction, as a ground for issuing process, if there be a total defect of evidence as to any essential fact, the process will be declared void, in Whatever form' the question may arise. This is sufficiently established by the cases cited at the bar, as Well as by many others to be found in the books. But when the proof has a legal tendency to make out a proper case, in all its parts; for issuing the process, then, although thé proof may be slight and inconclusive, the process will be valid,…
2Cases cited2 opinions
- Vosburgh v. WelchNew York Supreme Court · 1814
- Tallman v. BigelowNew York Supreme Court · 1833
3Cited by38 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Pursley v. HayesSupreme Court of Iowa · 1867
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Paul v. ArmstrongNevada Supreme Court · 1865
- Bassett v. BrattonIllinois Supreme Court · 1877
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