Stephens v. . Santee
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment of the Steuben County Court in favor of defendant, entered upon the report of a referee, and affirming an order of said County Court denying a motion for a new trial. (Reported below, 51 Barb., 532.) This action is brought to recover for the alleged conversion of a quantity of railroad ties.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment of the Steuben County Court in favor of defendant, entered upon the report of a referee, and affirming an order of said County Court denying a motion for a new trial. (Reported below, 51 Barb., 532.) This action is brought to recover for the alleged conversion of a quantity of railroad ties. Plaintiff claimed title under a levy, and sale of the property in question, by virtue of an execution against one Charles W. Daniels. Defendant claimed title by purchase of said Daniels…
1Opinion of the CourtGrover, J.
The transcript introduced by the appellant was sufficient prima facie proof of the judgment. But it was not conclusive. The referee rightly held that it was competent for the respondent to prove, by the docket and testimony of the justice by whom the judgment purported to have been rendered, that no such judgment had ever been recovered. From the docket and testimony it was proved that the suit had been duly commenced before the justice; that the parties appeared, joined issue; that the cause was tried by jury, and a verdict duly rendered for the plaintiff; that the justice immediately…
2Cases cited1 opinion
- Fish v. . EmersonNew York Court of Appeals · 1871
3Cited by29 opinions
- People Ex Rel. Chase v. . WempleNew York Court of Appeals · 1895
- Martin v. PiferIndiana Supreme Court · 1884
- Fox v. MeachamNebraska Supreme Court · 1877
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Byles v. ColierMichigan Supreme Court · 1884
24 more not listed; retrieve them via the Exa API.