Willard v. Warren
New York Supreme Court
Error from the Madison common pleas. Elizbaeth Warren sued Rufus Willard in the Madison common pleas and declared against him in trespass under the statute, giving treble damages for the forcible disseizin or ejectment of any person from lands or tenements (2 R. S. 338, title 6, § 4). The plaintiff alleged that she was seized in fee-simple of a certain farm, dwelling house, barns and sheds, situate, &c., and that the defendant with force and arms, &c., entered the farm, &c.,…
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Error from the Madison common pleas. Elizbaeth Warren sued Rufus Willard in the Madison common pleas and declared against him in trespass under the statute, giving treble damages for the forcible disseizin or ejectment of any person from lands or tenements (2 R. S. 338, title 6, § 4). The plaintiff alleged that she was seized in fee-simple of a certain farm, dwelling house, barns and sheds, situate, &c., and that the defendant with force and arms, &c., entered the farm, &c., and with strong hand and in a forcible manner disseized, ejected and put her out of the same; and by force and with…
1Opinion of the Court
By the Court,
Cowen, J.
Upon this bill, it is impossible that we should notice the offers of evidence by the defendant, because no exceptions to the ruling of the court below in respect to these are taken. The formal conclusion and seal do not help the case. To warrant a writ of error upon matters proper for a bill, the exception must not be left to implication. It must be express and direct to the very point in question; not that the exception must be repeated, point by point. The exceptions may all be grouped in a single sentence; but they must, at least, be mentioned as exceptions taken at…
2Cases cited1 opinion
- People ex rel. Gault v. Van NostrandNew York Supreme Court · 1832
3Cited by33 opinions
- People v. RathbunNew York Supreme Court · 1839
- Fults v. . MunroNew York Court of Appeals · 1911
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Shaw v. HoffmanMichigan Supreme Court · 1872
- Murphy v. . People of the State of N.Y.New York Court of Appeals · 1876
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