Cook v. . Gregg
New York Court of Appeals
Appeal from judgment of the General Term of the sixth judicial district, affirming a judgment entered in Madison county, upon decision of court dismissing plaintiff’s complaint. The action was brought to recover the possession of two cows, seized by defendant while trespassing upon his premises in the town of Stockbridge, Madison county.
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Appeal from judgment of the General Term of the sixth judicial district, affirming a judgment entered in Madison county, upon decision of court dismissing plaintiff’s complaint. The action was brought to recover the possession of two cows, seized by defendant while trespassing upon his premises in the town of Stockbridge, Madison county. Defendant justified under chapter 814, Laws of 1867, amending chapter 459, Laws of 1862. Defendant seized and took into his possession one cow, while trespassing on his premises, July 8th, 1868. He made complaint upon the same day; the justice issued his…
1Opinion of the CourtAllen, J.
The only question presented by the record in this case, is as to the validity of the act of the legislature, under which the plaintiff’s cattle were arrested, and proceedings had for their condemnation and sale.
The other points made by the appellant were not taken upon the trial, and cannot, therefore, be considered by this court.
Although the questions other than that as to the constitutionality of the law referred to in the brief of the counsel, are not in the case, it may not be improper to say, that the appellant has lost nothing, by omitting to take the objections at an earlier stage of…
2Cases cited1 opinion
- Rockwell v. . NearingNew York Court of Appeals · 1866
3Cited by13 opinions
- Colon v. LiskAppellate Division of the Supreme Court of the State of New York · 1897
- Burdett v. AllenWest Virginia Supreme Court · 1891
- People v. . DiamondNew York Court of Appeals · 1922
- Wilcox v. HemmingWisconsin Supreme Court · 1883
- State ex rel. Brown v. McPeakNebraska Supreme Court · 1891
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