Campbell v. . Evans
New York Court of Appeals
Appeal from a decision of the late General Term of the Supreme Court of the fifth judicial district, affirming a judgment for defendant, entered upon the report of a referee.
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Appeal from a decision of the late General Term of the Supreme Court of the fifth judicial district, affirming a judgment for defendant, entered upon the report of a referee. The action was replevin for three horses found by the defendant, an overseer of highways, running at large upon a public highway within his district, and seized and taken by him pursuant to chap. 814 of the Laws of 1867. Immediately after making the seizure, the defendant made complaint, certified by his oath, to a justice of the peace of the town, stating the seizure of the property, describing it and the cause of such…
1Opinion of the CourtAllen, J.
The act of 1867 (chap. 814), under which the defendant seized the plaintiff’s horses, was passed to avoid the objections which this court, at the preceding March term, had held fatal to the act of 1862 (chap. 459), so far as the same authorized the seizure and sale of animals trespassing on the lands of others. The vice of that act was that it did not provide for a notice to the owner, or a judicial condemnation of the property, or an adjudication of the right to sell, but permitted a sale without giving a hearing to the owner, and without process or warrant. It is true that the court did not…
2Cases cited2 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Rockwell v. . NearingNew York Court of Appeals · 1866
3Cited by24 opinions
- Matter of Union E.R.R. Co. of BrooklynNew York Court of Appeals · 1889
- Brevoort v. . GraceNew York Court of Appeals · 1873
- Armstrong v. Traylor and ElmoreTexas Supreme Court · 1895
- Colon v. LiskAppellate Division of the Supreme Court of the State of New York · 1897
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
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