Shuter v. Page

New York Supreme Court

Shuter v. Page

11 Johns. 196

New York Supreme Court·Decided May 15, 1814·Published·Cited by 2 cases

Opinion

Per Curiam.

Courts have allowed, pleas in, many instances, apparently as inconsistent as thosedn the present case. In Stibbard v. Glover, (Barnes, 364.) non cepit, property in a stranger, and liberum tenementum were allowed to be pleaded together, in replevin. So, not guilty and justification may be pleaded in trespass. We se© no reason, for distinguishing the present casp, from those decided,

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Per Curiam.

Courts have allowed, pleas in, many instances, apparently as inconsistent as thosedn the present case. In Stibbard v. Glover, (Barnes, 364.) non cepit, property in a stranger, and liberum tenementum were allowed to be pleaded together, in replevin. So, not guilty and justification may be pleaded in trespass. We se© no reason, for distinguishing the present casp, from those decided,

Shuter v. Page, 11 Johns. 196 (N.Y. Super. Ct. 1814).

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Opinion

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