Baskins v. Wilson
New York Supreme Court
Assumpsit ; tried at the Steuben circuit, June, 1826, before Nelson, C. Judge. The declaration was entitled of August term, 1823 ; and contained the common money counts ; to which the defendant pleaded non asswgvpsit, and non assumpsit infra sex annos. Replication to the last plea, that the de-fendantdid assume, &c. within six years, &c., and issue.
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Assumpsit ; tried at the Steuben circuit, June, 1826, before Nelson, C. Judge. The declaration was entitled of August term, 1823 ; and contained the common money counts ; to which the defendant pleaded non asswgvpsit, and non assumpsit infra sex annos. Replication to the last plea, that the de-fendantdid assume, &c. within six years, &c., and issue. At the trial, the plaintiff introduced a promissory note por ^104?⅛0, dated August 31s#, 1816, payable 90 days af~ ter date, made by the defendant, payable to George Min- or orc*er> whom it was endorsed. The maker’s hand was then proved by H.…
1Opinion of the Court
Curia, per
Sutherland, J.
The title of the declaration is of August term, 1823. The writ issued in October, 1822, is not the writ, then, on which the defendant was arrested ; nor does the capias on which he was arrested, appear to have been an alias or pluries. No connexion is shown between the two ; and that issued in October, 1822, is totally unavailing. In order to render it availing, the plaintiff should have shown in his replication, that it had been actually returned by the sheriff, non est inventus, and regularly continued on the roll from term to term, down to the time of suing out the…
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