Wilson v. Gale
New York Supreme Court
Error from the WasMngton common pleas This cause was brought into the common pleas by an appeal from a justice’s judgment rendered in favor of Gale against Wilson, Gale, in March, 1824 commenced his suit against Wilson, and declared in debt for the amount of an execution in his favor against one Munson, which had been put into the hands of Wilson, .as a constable, for collection, and which Wilson had neglected to return according to the provisions of the statute.
Read the full summary
Error from the WasMngton common pleas This cause was brought into the common pleas by an appeal from a justice’s judgment rendered in favor of Gale against Wilson, Gale, in March, 1824 commenced his suit against Wilson, and declared in debt for the amount of an execution in his favor against one Munson, which had been put into the hands of Wilson, .as a constable, for collection, and which Wilson had neglected to return according to the provisions of the statute. The defendant pleaded the general issue and specially that one Thaddeus Stevens Was the real and bona fide owner of the judgment…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The notice given to produce the execution, if necessary, was sufficient; a notice to produce a paper on the trial generally is good whenever the trial comes on. (6 Johns. R. 19,) But I think notice was unnecessary. Where the possession of a paper by the defendant is one of the grievances charged in the plaintiff’s declaration, it is unnecessary to give any other notice than the action itself implies; (Anthon’s N. P. 66, 4 Taunt. 868;) as in trover for a written instrument, the action itself is notice. (14 East, 274.) Here the action is not trover for the execution,…
2Cited by6 opinions
- Bettison v. BuddSupreme Court of Arkansas · 1860
- Dickinson v. LovellSupreme Court of New Hampshire · 1857
- Bissell v. HamblinThe Superior Court of New York City · 1857
- Kaskaskia Bridge Co. v. ShannonIllinois Supreme Court · 1844
- Stone v. Kaufman & Co.Supreme Court of Arkansas · 1867
1 more not listed; retrieve them via the Exa API.