Legal Opinion

Wright v. Williams

New York Supreme Court

Decided August 15, 1829PublishedCited by 10 opinions

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.

Read the full summary

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

  1. Williams v. WrightNew York Supreme Court · 1828
  2. Latimer v. BartonNew York Supreme Court · 1828

3Cited by10 opinions

  1. Seymour v. BillingsNew York Supreme Court · 1835
  2. Fairbanks v. CampNew York Supreme Court · 1839
  3. Osborne v. LawrenceNew York Supreme Court · 1832
  4. Meacham v. JonesSuperior Court of New Hampshire · 1839
  5. Peck v. BrownNevada Supreme Court · 1869

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API