Legal Opinion

Knapp v. O'Neill

New York Supreme Court

Decided November 15, 1887Published

Appeal from a judgment entered on a verdict taken at the Onondaga Circuit, and from an order refusing a new trial made' upon the minutes of the justice before whom the action was tried. The action was commenced to recover the value of a horse owned by the plaintiff, which had been sold by the defendant, as sheriff,, upon a judgment and execution against the plaintiff.

1Opinion of the Court

Hardin, P. J.:

Plaintiff gave evidence tending to prove that he was a householder, having a family for which he provided, and that he owned and used in the prosecution of his business the horse in question when the defendant, by virtue of a judgment and execution, levied upon it and sold it. He also gave evidence, tending to show the value of the horse to be $150 or less, and that he had not other personal propery named in section 1391, amounting with the horse to $250. By such proof his case was made out, and it must be .assumed the jury found such facts. (Hoyt v. Van Alstyne, 15 Barb., 568.)

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2Cases cited6 opinions

  1. Hoyt v. AlstyneNew York Supreme Court · 1853
  2. Dains v. ProsserNew York Supreme Court · 1860
  3. Lockwood v. YoungloveNew York Supreme Court · 1858
  4. Harthouse v. RikersThe Superior Court of New York City · 1853
  5. Smith v. SladeNew York Supreme Court · 1870

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