8 Johns. 445
Decided October 15, 1811
New York Supreme Court · decided 1811-10-15
IN error, on certiorari, from a justice’s court. Mosher brought an action of trover against Durell, before the justice, for sheep.
Good law ✅— No negative treatment on recordhow we know
Decided 1811-10-15
Cited by 8 later decisions — most recently April 1898
8 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 objection to the jurors was unfounded. The third juror objected to, had given no decided opinion on the merits of the cause. His declaration was hypothetical. Though a demand and refusal of, the sheep was not proved; yet the promise by the defendant to return them, and a failure to do so, was evidence of a conversion. The judgment must be affirmed.
¶2Judgment affirmed.