Hawley v. Green & Brooks

New York Supreme Court

Hawley v. Green & Brooks

18 Wend. 343

DecidedFebruary 15, 1837

StatusPublished

This text of 18 Wend. 343 (Hawley v. Green & Brooks) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hawley v. Green & Brooks, 18 Wend. 343 (N.Y. Super. Ct. 1837).

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Opinion

By the Court,

Cowen, J.

The motion must be granted. The better eonstruc[344]*344tion of the statute is, that to carry costs on the value of the property, the value must be assessed by the jury, (2 R. S. 437, § 48, 2d ed.,) and not by the sheriff’s appraisal. (12 Wendell, 38.) When the cause is tried, a part of the goods may be awarded to the plaintiff and a part to the defendant. In such case, the original appraisal would be no guide. Motion granted.

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By the Court,

Cowen, J.

The motion must be granted. The better eonstruc[344]*344tion of the statute is, that to carry costs on the value of the property, the value must be assessed by the jury, (2 R. S. 437, § 48, 2d ed.,) and not by the sheriff’s appraisal. (12 Wendell, 38.) When the cause is tried, a part of the goods may be awarded to the plaintiff and a part to the defendant. In such case, the original appraisal would be no guide. Motion granted.

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Bluebook (online)

18 Wend. 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawley-v-green-brooks-nysupct-1837.

Opinion

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