Ingalls v. Sprague
New York Supreme Court
Error from the Jefferson common pleas. Ingalls sued Sprague before a justice, and declared against him in trespass “for turning out to be sold on execution the property of the plaintiff contrary to law, to wit, one seine, to his damage $50.” The defendant pleaded .the general issue, the cause was tried, and the plaintiff had a verdict.
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Error from the Jefferson common pleas. Ingalls sued Sprague before a justice, and declared against him in trespass “for turning out to be sold on execution the property of the plaintiff contrary to law, to wit, one seine, to his damage $50.” The defendant pleaded .the general issue, the cause was tried, and the plaintiff had a verdict. The defendant appealed to the Jefferson C. P. On the trial in that court, the plaintiff ■ proved that the defendant directed a constable to levy upon and sell a seine belonging to the plaintiff, and that the same was accordingly levied upon and sold. The…
1Opinion of the Court
By the Court,
Sutherland, J.
Ingalls contended in the court below that the judgment in favor of Rogers could afford no protection to Sprague, unless he showed that he had authority from Ingalls to confess it. The court, however, decided that in this action that judgment was conclusive against Ingalls, without any proof of the authority of Sprague to confess it, and was a justification to the defendant. The court decided correctly. Upon the face of the record, the judgment appeared to have been confessed by both defendants, and the record is prima facie evidence of that fact. It was unnecessary…
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