15 Johns. 188 | N.Y. Sup. Ct. | 1818
delivered the opinion of the court.
This case comes before the court on a demurrer to the rejoinder. The action was trespass de bonis asportatis. The defendant pleaded, first, the general issue; and, secondly, that the plaintiff ought not to have and maintain his action, because the said supposed trespasses were done and committed by the authority of an act of the legislature of the state of New-York, entitled “ an act for relief against absconding and absent debtors,’’ passed the 21st of March, 1801, with a verification, &c. The plaintiff replied, setting forth, specially, certain proceedings commenced against Benjamin Field, as an absconding debtor, upon which an attachment issued, and the goods in question were seized under it, in the store of the plaintiff; that a claim of property was interposed, and a jury called to try the right, and by their inquisition found the goods in question to be the property of the plaintiff; upon which the defendant relinquished and gave up the goods to the plaintiff; that afterwards another attachment was issued upon the same proof, and without any new affidavits, and the same goods again taken ; and, that the last taking was the trespass complained of, and denying that the goods were taken by the defendant, under the authority of the act set forth in his plea, and concluding with a verification. The defendant rejoined in nearly the same words of his plea, without answering any of the special matter set up in the replication, and concluded to the country. To this replication there is a special demurrer.
Judgment for the defendant.