Legal Opinion

Van Leuven v. Lyke & Dumond

New York Court of Appeals

Decided November 5, 1848PublishedCited by 39 opinions

Van Leuven sued Lyke and Dumond in a justice’s court and recovered judgment, which was affirmed by the common pleas on certiorari, and reversed by the supreme court on error. (See 4 Denio, 127.) The plaintiff brought error to this court. The case is sufficiently stated in the opinion of the court, as delivered by Jewett, ú. J.

1Opinion of the CourtJewett, C. J.

It is alleged in the plaintiff’s declaration “ that on the 27th day of November, 1844, at &c. the defendants were the owners of a certain sow and pigs, which sow and pigs, to wit, on the day and year aforesaid, to wit, at the place aforesaid, bit, damaged and mutilated and mangled a certain cow and calf of the plaintiff, while the said cow was in the act of calving, so that said cow and calf both died, to the plaintiff’s damage $50.” To which the defendants pleaded, the general issue. There was evidence given on the trial, sufficient to warrant the jury in finding that the plaintiff’s cow and…

2Cases cited1 opinion

  1. Dolph v. FerrisSupreme Court of Pennsylvania · 1844

3Cited by39 opinions

  1. Spring Co. v. EdgarSupreme Court of the United States · 1879
  2. Doe v. BarnettIndiana Court of Appeals · 1969
  3. Benoit v. . Troy Lansingburgh R.R. Co.New York Court of Appeals · 1897
  4. Klenberg v. RussellIndiana Supreme Court · 1890
  5. Molloy v. . StarinNew York Court of Appeals · 1908

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