Bacon v. . Cropsey
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been affirmed. This was an action against the defendant, as sheriff of the county of Rensselaer, for a false return to a writ of execution issued out of the late court of common pleas of that county, at the suit of the plaintiff against the firm of H. A. & G. R. Benton.
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Appeal from the general term of the Supreme Court, in the third district, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been affirmed. This was an action against the defendant, as sheriff of the county of Rensselaer, for a false return to a writ of execution issued out of the late court of common pleas of that county, at the suit of the plaintiff against the firm of H. A. & G. R. Benton. The complaint alleged, that on the 25th June 1847, the plaintiff recovered a judgment in the late court of common pleas of Rensselaer county,…
1Opinion of the Court
*Jewett, J.
(after stating the pleadings.) — The „ first question arises upon the decision of the judge, on the trial of the cause, that as the defendant had not, in his answer, denied either allegation contained in the complaint, and a cause of action having been sufficiently alleged in the complaint, the plaintiff was primó facie entitled to recover, without giving any evidence of the truth of his allegations — not being controverted by the answer, they must, for the purposes of this suit, be taken as true. I think, the decision was right: § 144 of the code of 1848 provides, that every…
2Cases cited8 opinions
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- Parmelee v. HitchcockNew York Supreme Court · 1834
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- Pierce v. AlsopNew York Court of Chancery · 1848
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3Cited by11 opinions
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