Nichols v. Nichols

New York Supreme Court

Nichols v. Nichols

10 Wend. 629

CourtNew York Supreme Court

DecidedFebruary 15, 1834

StatusPublished

Cited by2 cases

This text of 10 Wend. 629 (Nichols v. Nichols) 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

Nichols v. Nichols, 10 Wend. 629 (N.Y. Super. Ct. 1834).

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Opinion

By the Court,

Savage Ch. J.

The writin this case is for the taking and unjust detention of a horse; manifestly a cause of action different and distinct from a mere detention. The remedy by replevin is given in both cases, but the form of the writ and of the declaration are different, according to the nature of the cause of action; and it cannot be permitted that where the writ is for one cause of action the plaintiff shall declare for another. The motion must be granted, with costs. Pardee and

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By the Court,

Savage Ch. J.

The writin this case is for the taking and unjust detention of a horse; manifestly a cause of action different and distinct from a mere detention. The remedy by replevin is given in both cases, but the form of the writ and of the declaration are different, according to the nature of the cause of action; and it cannot be permitted that where the writ is for one cause of action the plaintiff shall declare for another. The motion must be granted, with costs. Pardee and

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Bluebook (online)

10 Wend. 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-nichols-nysupct-1834.

Opinion

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