Beekman v. Traver
New York Supreme Court
Demurrer to plea. The plaintiff declared in trespass for the taking of a gig. The declaration contains two counts, in each of which the taking of a gig is charged.
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Demurrer to plea. The plaintiff declared in trespass for the taking of a gig. The declaration contains two counts, in each of which the taking of a gig is charged. The defendant put in a special plea of justification^ alleging that by an act of the legislature, entitled “ An act to incorporate the Hudson Aqueduct Company,” passed 22d March, 1816, Robert Jenkins and four other persons, their then present and future associates, their successors and assigns, were created, and declared to be a body corporate mi politic in fact, by the name of “The President and Directors of the Hudson Aqueduct…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The act of incorporation provides that the warrant shall issue under the seal as well as the hand of the justice, and it is contended the declaration is bad for not averring the fact. To this it is answered that the term warrant implies a seal, and hence an averment was unnecessary. A warrant in a criminal proceeding at common law must be under the seal of the magistrate issuing it, 2 Hawk. 85, 136; 4 Burns’ Just. 393; 4 Black. Comm. 291; and the fact would therefore be implied from the use of the term in such cases ; it would not be a warrant in the sense of the…
2Cited by8 opinions
- Humphrey v. PhillipsIllinois Supreme Court · 1870
- Shaw v. . TobiasNew York Court of Appeals · 1849
- Genin & Lockwood v. TompkinsNew York Supreme Court · 1851
- Millett v. BakerNew York Supreme Court · 1864
- Florence Sewing Machine Co. v. WarfordThe Superior Court of New York City · 1869
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