Wright v. Williams
New York Supreme Court
Costs in action of replevin. Williams made a distress f°r ren^' Wright replevied the property, and declared in three counts : alleging the taking in the first count, in a certain close called Solomon Wright’s field; in the sec- and, in a certain close called the highway ; and in the third, in a certain close called Andrew Freeman’s bam : To which declaration Williams answered, by I. A plea of non cepit to the ■ whole declaration; II.
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Costs in action of replevin. Williams made a distress f°r ren^' Wright replevied the property, and declared in three counts : alleging the taking in the first count, in a certain close called Solomon Wright’s field; in the sec- and, in a certain close called the highway ; and in the third, in a certain close called Andrew Freeman’s bam : To which declaration Williams answered, by I. A plea of non cepit to the ■ whole declaration; II. Two avowries to the first count of the declaration, acknowledging, in the first avowry, the taking of the property as a distress for rent in arrear due to the…
1Opinion of the Court
By the Court, Savage, Ch. J.
Previous to the last October term, the defendant proceeded to execute a writ of inquiry according to the 11th section of the “ act to prevent abuses and delays in actions of replevin,” (1 R. L. 95,) which directs, that where judgment is given for the avowant upon demurrer, a writ shall issue to inquire of the value of the distress and the amount of rent in arrear ; and that upon the return of such writ, judgment shall be given for the avow-*636ant for the rent due, if the distress is of equal value; but if nob then for the value of the distress, with costs. Had there…
2Cases cited2 opinions
- Williams v. WrightNew York Supreme Court · 1828
- Latimer v. BartonNew York Supreme Court · 1828
3Cited by10 opinions
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- Fairbanks v. CampNew York Supreme Court · 1839
- Osborne v. LawrenceNew York Supreme Court · 1832
- Meacham v. JonesSuperior Court of New Hampshire · 1839
- Peck v. BrownNevada Supreme Court · 1869
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