High v. Wilson

Decided November 15, 1806

New York Supreme Court · decided 1806-11-15

This was an action for trespass against the defendant, for taking the goods and chattels of the plaintiff. Plea, not guilty. The cause was tried at the Washington cir-0,7 ° cuit, the 4th of June, 1806, before Mr. Chief Justice ixent.

Good law ✅— No negative treatment on recordhow we know

Decided 1806-11-15

How this case has been cited

Cited by 10 later decisions — most recently October 1936

9 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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Per Curiam.

¶1The defendant now produces the record of the judgment to show that it supported the fieri facias. It is settled, that when a stranger sues the sheriff', the latter must produce the judgment as well as the writ, to justify his seizure. The defendant in this case did' not produce the judgment at the trial. But we are all-clearly of opinion that the plaintiff had no right of action, for the sale of the horse was evidently fraudulent. On the authority of the case of Masten v. Podger,*there - appears to be no use or justice in granting a new trial-when the plaintiff is not entitled to recover. For that' reason the rule is refused.'

¶2Judgment for the defendant.

¶3 5 Burrows, 2631.