10 Johns. 101
Decided January 15, 1813
New York Supreme Court · decided 1813-01-15
IN ERROR, on certiorari, from a justice’s court. Comfort brought an action of debt against Thompson, before the justice, to recover the penalty under the act to prevent injury by dogs, passed the 24th of March, 1801. (Sess. 24. c. 62.) The plaintiff, in his declaration, stated, that the defendant, after being notified that his dog had chased and killed sheep, had kept him, and not killed him, &c. The cause was tried by a jury.
Cited by 2 later decisions — most recently March 1879
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1813-01-15
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¶1The verdict is, no doubt, clearly against evidence ; hut this being an action for a penalty, there is no new trial granted, in such cases, on the ground of the verdict being contrary to evidence, provided the verdict be for the defendant, and there be no irregularity in the case. (2 Stra. 899. 1238.) There is, at least, as strong reason for applying this rule to such trials in justices’ courts, as in any other.
¶2Judgment affirmed.