Brown v. Dean
New York Supreme Court
. This cause came before the court on a case made after a tnal at the circuit on two issues of fact, where a verdict was found for the defendants on one of the issues, subject to the opinion of this court, and for the plaintiff on the other issue ; .r . f . . and on a demurrer to tour special pleas, interposed by the P^11^ to two avowries and cognizances put in by the defondants to the declaration of the plaintiff in an action of r ]v;„ rePleVm- The declaration is in the…
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. This cause came before the court on a case made after a tnal at the circuit on two issues of fact, where a verdict was found for the defendants on one of the issues, subject to the opinion of this court, and for the plaintiff on the other issue ; .r . f . . and on a demurrer to tour special pleas, interposed by the P^11^ to two avowries and cognizances put in by the defondants to the declaration of the plaintiff in an action of r ]v;„ rePleVm- The declaration is in the usual form in an action of replevin f°r taking certain goods and chattels, the property of the plaintiff. The defendant…
1Opinion of the Court
By the Court,
Savage, C. J.
At the circuit there were two issues to he tried, viz. on the first and sixth pleas. The judge directed the jury to find the issue on the first plea for the defendants: they did so, and assessed the damages at $42,75, and under his direction also they found the issue on the sixth plea for the plaintiff, subject to the opinion of this court. We are now called upon to render judgment upon this verdict; I will therefore state the several findings of the jury.
Upon the first issue they find (to negative the plea) that William Dean was seised, as averred in his avowries,…
2Cited by12 opinions
- Glover v. PaynNew York Supreme Court · 1838
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Lindsay v. MathewsSupreme Court of Florida · 1880
- Saxtoh v. HitchcockNew York Supreme Court · 1866
- Cook v. EatonNew York Supreme Court · 1853
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