14 Johns. 406
Decided October 15, 1817
New York Supreme Court · decided 1817-10-15
IN ERROR, on certiorari to a justice’s court. u The defendant m error, brought an action against the plaintiff *n error, in the court below, for a trespass in entering into ^¡3 antj taking away a mare and colt. The defendant below pleaded the general issue, and gave notice, that the mare and colt were his property.
Good law ✅— No negative treatment on recordhow we know
Decided 1817-10-15
Cited by 3 later decisions — most recently September 1874
3 state decisions
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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¶1The judgment must be affirmed. The evidence as to the right of property in the mare and coltimay be somewhat questionable ; but the defendant below was, at all events, guilty of a tresspass, in sending a person on the land of the plaintiff to take them away. (6 Johns* Rep. 5.) The action was, therefore, technically supported, and where the evidence as to true ownership of the property is so nearly balanced, the judgment ought not to be disturbed.
¶2Judgment affirmed.