¶1The witness in this case was compe*378tent, and had he been admitted, his testimony might have made out a complete justification for the defendant. There must be a new trial, with costs to abide the event of the suit.
¶2New trial granted.
8 Johns. 377
Decided October 15, 1811
New York Supreme Court · decided 1811-10-15
THIS was an action of trespass for taking and impoundingthe plaintiff’s hogs. The cause was tried at XJlster circuit, in 1810, before Mr. Justice Tates.
Decided 1811-10-15