5 Wend. 237 | N.Y. Sup. Ct. | 1830
By the Court,
We are of opinion that the action was trespass, and that the plea was joint, because, although those facts do not conclusively appear upon the face of the pleadings, yet fairly, and we think necessarily, they are to be inferred from the whole record.
Forbes did not act in aid or assistance or by commandment of the constable, within the meaning of the act for more easy pleading in certain cases. He was not called upon by
The evidence objected to was therefore inadmissible for the purpose for which it was offered. It might perhaps have been proper, within the case of Herrick v. Manley, 1 Caines, 252, for the purpose of showing that the property was not taken in consequence of the instructions of Forbes, but by
Judgment reversed as to double costs, and court below ordered to award single costs to defendants.