Strong v. Smith
New York Supreme Court
This was an action of trespass commenced before a justice of the peace in the county of Suffolk, under the “ Act for the more speedy recovery of debts to the value of twenty-five dollars.” 1 Rev. Laws, 491. The defendant justified under a plea of title.
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This was an action of trespass commenced before a justice of the peace in the county of Suffolk, under the “ Act for the more speedy recovery of debts to the value of twenty-five dollars.” 1 Rev. Laws, 491. The defendant justified under a plea of title. Upon this, proceedings' were stayed before the justice pursuant to the tenth section of the act, (Ibid. 494;) and *the action prosecuted before the court of common pleas; from thence the defendant removed it by habeas corpus into this court, where he pleaded, 1st. The general issue; 2d. That the closes mentioned in the declaration, were the…
1Per curiam
The construction of the act no doubt is, that when a defendant, sued for a trespass before a justice, relies *on his title, he admits the trespass. But lest the title should be in a third person, the act gives him a right to show that also. Either one of the other acknowledges the trespass To this, as the whole matter appears on the record, it would not be permitted the defendant on the trial at nisijprius to say the contrary, nor would the plaintiff be called on to prove the trespass done. The general issue, then, is perfectly nugatory, and must be struck out, but not with costs. [1]
Spencer,…
2Cases cited2 opinions
- Marsh v. BerryNew York Supreme Court · 1827
- Brotherton v. WrightNew York Supreme Court · 1836
3Cited by2 opinions
- Rich v. RichNew York Supreme Court · 1837
- Trustees of the Dover School House v. McFarlanSupreme Court of New Jersey · 1834