Rhodes v. Bunts

Decided January 15, 1839

New York Supreme Court · decided 1839-01-15

Error from the Chemung common pleas. Herman Bunts sued Rhodes and Rider in an action of replevin for taking and detaining a cow. The defendants pleaded severally non cepit and property in one Conrad Bunts, by virtue of an attachment against whom, the cow was taken.— The plaintiff took issue upon the pleas of property.

Cited by 2 later decisions — most recently July 1859

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-01-15

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¶1By the Court,

Nelson, C. J.

¶2It is insisted on the part of the plaintiff in error that the verdict is imperfect in not disposing of the plea of property, and that consequently the judgment is erroneous. There are two answers to this objection : first, the general verdict authorized the entry upon the record of a finding in favor of the plaintiff upon both the

¶3 *20issues, 2 Burr. 688, 6 Wendell, 268, 12 Id. 164; and secondly the defendants below cannot in this way contradict the record. If it had been improperly made up, they should have applied on motion to amend it, Bacon’s Abr. tit. Error E; 1 Wils. 85 ; 7 Wendell, 55; 9 Id. 125; 2 Barn. & Ores. 362. The judgment must be affirmed.

¶4Judgment affirmed.