Lord v. Brown & Bouck
New York Supreme Court
Error to the Schoharie common pleas. The suit in the court below was by Lord against Brown and Bouck. It was an appeal from a justice’s court, and was tried in the common pleas in June, 1846. The action was trespass for breaking and entering the plaintiff’s close, and driving away a yoke of oxen and three cows.
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Error to the Schoharie common pleas. The suit in the court below was by Lord against Brown and Bouck. It was an appeal from a justice’s court, and was tried in the common pleas in June, 1846. The action was trespass for breaking and entering the plaintiff’s close, and driving away a yoke of oxen and three cows. The plea was the general issue, with notice that the taking complained of was by virtue of a distress warrant issued by Jacob Livingston as landlord, to the sheriff of Schoharie county, or any of his deputies, to collect $69 rent in arrear from the plaintiff to Livingston, for the farm…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
It is not very easy tc collect, from this bill of exceptions, the several points of law intended to be made by counsel, and which were determined by the court below. Some of these points, however, may be understood, and as I see no way in which the judgment can be upheld, I shall examine but one or two of the questions made, leaving others, which seem to have been glanced at if not distinctly presented, to be raised in a more intelligible form, both as to law and fact, on a future trial.
1. Jeremiah Krum was drawn as a juror, and was challenged by the defendant’s…
2Cases cited1 opinion
- Freeman v. PeopleNew York Supreme Court · 1847
3Cited by2 opinions
- Dodge v. AverillNew York Supreme Court · 1849
- In re KlockNew York Supreme Court · 1888