Legal Opinion

Clapper v. Race

New York County Courts

Decided February 15, 1910Published

Appeal from Justice Court. Action by Sarah Ann Clapper against Charles'Race, in justice court. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtKellogg, J.

This is an appeal from a judgment for costs,, rendered in justice’s court on the verdict of a jury of no cause of action, in favor of the defendant. The action was brought to recover the value of a cow, which plaintiff claims was her property, and which was taken from her possession by the defendant. It appears that the defendant at the time was acting as a constable, and that the cow was levied upon and sold by him by virtue of an execution which had been issued in favor of one Egbert Snyder and against Anson Clapper, the husband of plaintiff.

It is contended by the appellant that this…

2Cases cited7 opinions

  1. Schoonmaker v. . SpencerNew York Court of Appeals · 1873
  2. Starbird v. . BarronsNew York Court of Appeals · 1870
  3. Knight v. WillsonNew York Supreme Court · 1890
  4. Nasanowitz v. HaneAppellate Terms of the Supreme Court of New York · 1896
  5. Serring v. StrykerNew York County Court, Steuben County · 1894

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