Bradley v. Powers
New York Supreme Court
Trespass de honis asportatis, tried at the Monroe circuit, June 1826, before Birdsall, 0. Judge. ' ' ° 1 veraie was laid in Monroe county. The defendants pleaded the general issue jointly. At the trial, the plaintiff proved, the taking of his goods -n Q.enegee county, by the defendants, who claimed to have acted under certain executions against L. Bradley, issued by a justice of Genesee.
Read the full summary
Trespass de honis asportatis, tried at the Monroe circuit, June 1826, before Birdsall, 0. Judge. ' ' ° 1 veraie was laid in Monroe county. The defendants pleaded the general issue jointly. At the trial, the plaintiff proved, the taking of his goods -n Q.enegee county, by the defendants, who claimed to have acted under certain executions against L. Bradley, issued by a justice of Genesee. The defendant, Hunt, held the executions, being a constable of that county; and levied upon the goods in question as those of L. Bradley, pursuant to the advice and direction of the defendant, Powers; both…
1Opinion of the Court
Curia, per Sutherland, J.
The decision of the judge, at nisi prius, was correct. The jury have found that Powers did not act in aid or assistance, or by commandment of the constable; and he, therefore is not entitled to the benefit of the statute for more easy pleading in certain suits, (1 R. L. 155.) Hunt, the officer, by uniting in the same plea with one who was not within the statute, also lost the protection of it. (2 Caines, 108; 2 Cowen, 426: 1 Jaund. 28, note (2).) In the case of Schermerhorn v. Tripp, (2 Caines, 108,) the plea was the general issue. But it was there distinctly held,…
2Cases cited1 opinion
- Schermerhorn v. TrippNew York Supreme Court · 1804
3Cited by1 opinion
- Deitsch v. WigginsSupreme Court of Colorado · 1871