Knapp v. O'Neill
New York Supreme Court
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
- Hoyt v. AlstyneNew York Supreme Court · 1853
- Dains v. ProsserNew York Supreme Court · 1860
- Lockwood v. YoungloveNew York Supreme Court · 1858
- Harthouse v. RikersThe Superior Court of New York City · 1853
- Smith v. SladeNew York Supreme Court · 1870
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