Wilson v. Conine
New York Supreme Court
This was an action of trover for a quantity of rum.— Ulea not guilty. The cause was tried at the Greene Cir-Cuii, on the 4th December, 1806, before Mr. Justice Spencer‘ At the trial, the plaintiffs proved that they were in possession of the rum, ánd that the defendant had taken it . . ■ away, though forbidden to do so by the plaintiffs, The defendant’s counsel then stated that he should prove, that the defendant purchased the rum at a sale made by the sheriff, by virtue of…
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This was an action of trover for a quantity of rum.— Ulea not guilty. The cause was tried at the Greene Cir-Cuii, on the 4th December, 1806, before Mr. Justice Spencer‘ At the trial, the plaintiffs proved that they were in possession of the rum, ánd that the defendant had taken it . . ■ away, though forbidden to do so by the plaintiffs, The defendant’s counsel then stated that he should prove, that the defendant purchased the rum at a sale made by the sheriff, by virtue of an execution issued out of the court of chancery, on a decree in the said court against Gibbs, who, at the time of sale,…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.
1. The.paper offered in evidence by the. defendant, and rejected by the judge, was an exemplification under the seal of the court of chancery, of a decretal order awarding execution on a prior decree. This decretal order recited the substance of a decree of the court for the trial of impeachments and the correction of errors, which affirmed the prior decree of the court of chancery, and ordered it *281to be carried into execution* I think the paper offered was insufficient, and that it was requisite to have produced the original decree, which was the…
2Cited by26 opinions
- Smith v. McMickenSupreme Court of Louisiana · 1848
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- Trevino v. FernandezTexas Supreme Court · 1855
- Thomas v. WhallonNew York Supreme Court · 1857
- Jarvis v. SewallNew York Supreme Court · 1863
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