Legal Opinion

Barker v. Miller

New York Supreme Court

Decided August 15, 1810PublishedCited by 16 opinions

IN error, on certiorari, from a justice’s court. The return stated, that Miller sued Barker and Knapp. Barker was personally served with the summons, and Knapp by a copy. Barker appeared, but Knapp did not. ]\faiier declared against both defendants ; for that he be» ing a constable, and possessed of certain articles of furniture, to the amount of 25 dollars, which he had seized oni an execution, against James Caswell, the defendants took and converted them.

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IN error, on certiorari, from a justice’s court. The return stated, that Miller sued Barker and Knapp. Barker was personally served with the summons, and Knapp by a copy. Barker appeared, but Knapp did not. ]\faiier declared against both defendants ; for that he be» ing a constable, and possessed of certain articles of furniture, to the amount of 25 dollars, which he had seized oni an execution, against James Caswell, the defendants took and converted them. Barker appeared and pleaded by attorney. Issue was joined before the justice. The plaintiff produced two executions, by virtue of which…

1Per curiam

The plaintiff below brought trespass against strangers, for taking goods out of his possession; and it was sufficient for him to show, as against them, that he had taken the goods into his possession, by process of execution. The possession so acquired, was enough to maintain trespass or trover against a third person, for taking them away without right or authority. (Wilbraham v. Snow, 2 Saund. 47.) After the seizure under the execution, the goods were, in judgment of law, in possession of the constable, as against a wrongdoer ; and Caswell, with whom he had left the goods for safe-keeping,…

2Cited by16 opinions

  1. Brown v. LynchNew York Court of Chancery · 1828
  2. Howland v. . WillettsNew York Court of Appeals · 1853
  3. Dillenback v. JeromeNew York Supreme Court · 1827
  4. Pease v. DittoIllinois Supreme Court · 1901
  5. Lockwood v. BullNew York Supreme Court · 1823

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