Peet v. McGraw
New York Supreme Court
In this case a motion was made to quash a writ of error, sued out by the plaintiff below, who brought an action of replevin for a pair of horses. The declaration contained two counts. The defendant pleaded the general issue and a special plea to each of the counts. Issues of fact were joined upon all the pleas except the special plea to the second count, to which there was a demurrer, and upon which the court below gave judgment for the defendant.
Read the full summary
In this case a motion was made to quash a writ of error, sued out by the plaintiff below, who brought an action of replevin for a pair of horses. The declaration contained two counts. The defendant pleaded the general issue and a special plea to each of the counts. Issues of fact were joined upon all the pleas except the special plea to the second count, to which there was a demurrer, and upon which the court below gave judgment for the defendant. Whereupon the plaintiff, without disposing of the issues of fact, sued out a writ of error ; and in answer to the motion to quash the writ, read an…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
I was at first struck with the force of the reason urged in favor of a decision on the writ of error as to the plea sustained on demurrer by the court below, without requiring the party to go on and try the issues of fact, as it went to the whole cause of action, *668and refused to quash the writ, thinking it useless the parties should tie at the expense-of trying those issues in the face of.the opinion of the court. But 1 am now satisfied it should have been quashed. I was led into the mistake by allowing the legal import of the pleadings on the record 'to be…
2Cases cited1 opinion
- Jack v. MartinNew York Supreme Court · 1834
3Cited by10 opinions
- Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893
- Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1877
- United States v. GiraultSupreme Court of the United States · 1851
- Holcombe v. McKusickSupreme Court of the United States · 1858
- Yell ex rel. Conant & Co. v. OutlawSupreme Court of Arkansas · 1854
5 more not listed; retrieve them via the Exa API.