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13 Johns. 443

Butterworth v. Soper

New York Supreme Court

Decided October 15, 1816

New York Supreme Court · decided 1816-10-15

IN ERROR, on certiorari to a justice’s court. THE defendant in error brought an action of trespass in the ... ', A court .below against the plaintiff in error, and declared, for that he had, without authority, issued a written ordei’, commanding a constable to levy a fine for the delinquency of the son of the plaintiff below, as a soldier in the militia; in pursuance of which order the constable took and sold the cow of the plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1816-10-15

How this case has been cited

Cited by 4 later decisions — most recently February 1898

3 state decisions

10181618201830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1There is no error, and the judgment must be affirmed. The statute* authorizing such defence under the general issue, does not extend to this case.

¶2Judgment affirmed.

¶3 (See act.for the more easy pleading in certain suits, N. R. L. 155. sect. 1.

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