Smith v. Mitten
New York Supreme Court
Present, Bowen, P. J., Mullett, Greene and Martin, Justices. Appeal from a judgment of the county court of Genesee county reversing a judgment of a justice’s court, on an appeal by the defendants in that court. The action in the justice’s court was for taking and detaining personal property.
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Present, Bowen, P. J., Mullett, Greene and Martin, Justices. Appeal from a judgment of the county court of Genesee county reversing a judgment of a justice’s court, on an appeal by the defendants in that court. The action in the justice’s court was for taking and detaining personal property. The plaintiffs, by their complaint, alleged that on, &c., and at, &c., in the county of Genesee, the defendants unlawfully, and with force and arms, took and carried away about thirty cords of fire-xvood, the goods and chattels of, and in the possession of the plaintiffs, of the value of thirty dollars,…
1Opinion of the Court
By the court—Mullett, Justice.
This case, when before the county court, presented two questions—
First. Whether the justice erred in denying the defendants’ application to discontinue the action before him, on the ground that their answer did not show that the question of title to land would come in question on the trial under that answer? and,
Second.. Whether the refusal of the justice to permit the defendants to amend their answer as requested, and retaining jurisdiction and cognizance of the action, and giving judgment therein, was an error for which his judgment could legally be reversed by…
2Cases cited1 opinion
- Chandler v. EdsonNew York Supreme Court · 1812