McNamara v. Biteley
New York Supreme Court
In April last the plaintiff commenced an action before a justice of the peace of the county of Saratoga. On the joining of the issue, the plaintiff complained against the defendant as follows: “ The plaintiff complains and says that on or about the second day of March, 1849, he purchased of one John 'Haley, for a valuable consideration, a dwelling-house or shanty, situate in the town of Moreau in the county of Saratoga, that the said defendant has since that time taken down…
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In April last the plaintiff commenced an action before a justice of the peace of the county of Saratoga. On the joining of the issue, the plaintiff complained against the defendant as follows: “ The plaintiff complains and says that on or about the second day of March, 1849, he purchased of one John 'Haley, for a valuable consideration, a dwelling-house or shanty, situate in the town of Moreau in the county of Saratoga, that the said defendant has since that time taken down and converted a part, or all of the said shanty, belonging to the plaintiff, to his own use, to the great damage and…
1Opinion of the Court
Willard, Justice.
The action before the justice, according to the former classification of actions, was trover for a shanty. It contained but one count, setting up, in the briefest form, the ownership of the plaintiff and the conversion by the defendant. Under the act for the recovery of debts to the value of twenty-five dollars, passed April 5, 1813, the plea .of title could only be interposed before a justice in an action of trespass on land or other real estate, and if the title to land in other actions, came in question, the justice was ousted of jurisdiction without plea. (1 R. L. 387,…
2Cases cited1 opinion
- Brotherton v. WrightNew York Supreme Court · 1836
3Cited by1 opinion
- Wilgus v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 1900