Jenner v. Joliffe
New York Supreme Court
THIS was an action of trespass on the case. The declaration contained four counts. The first and second counts were in tro#er for a quantity of oak timber £ the third was for the defend» ant’s attaching, by process out of the court of king’s bench in Que-bee, the timber of the plaintiff, and so negligently and carelessly behaving, &c. that the timber was lost. The fourth count was for ° a malicious prosecution of the plaintiff.
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THIS was an action of trespass on the case. The declaration contained four counts. The first and second counts were in tro#er for a quantity of oak timber £ the third was for the defend» ant’s attaching, by process out of the court of king’s bench in Que-bee, the timber of the plaintiff, and so negligently and carelessly behaving, &c. that the timber was lost. The fourth count was for ° a malicious prosecution of the plaintiff. The cause was tried at the Clinton circuit, in July, 1812, before y[r- Justice Yates. It was proved that Jenner, about the 18th June, 1808, came to the port of Quebec…
1Per curiam
The plaintiff’s right to recover must depend upon the count for the defendant’s negligence and carelessness in keeping the plaintiff’s timber under the attachment. The proofs in the case are a complete answer to the counts in trover; for it appears that the seizure of the timber was a legal seizure, under a writ of attachment, issued by the highest court of judicature of the province ; and it is to be presumed that it was issued conform-ably to the laws of the province: besides, the settlement which actually took place, is a recognition of the validity of the attachment.
In every case where an…
2Cited by7 opinions
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- Williams v. AdamsMassachusetts Supreme Judicial Court · 1861
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