Watts v. Taylor

New York Supreme Court

Watts v. Taylor

13 Johns. 305

DecidedAugust 15, 1816

StatusPublished

This text of 13 Johns. 305 (Watts v. Taylor) 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

Watts v. Taylor, 13 Johns. 305 (N.Y. Super. Ct. 1816).

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Opinion

Per Gurictni..

This! is a motion to vacate; the order of the recorder of New-York, for discharging the defendant on common bail. The action is founded upon the 14th section of the statute ‘‘concerning distresses, fen,ts;. and reinóvaí of leases, (1 R. L. 437.,) for remoying goods ffoin the demised premises, leaving, the-rerit unpaid, ' This, is not a popular action.. ¡The', penalty is-given to the landlord or lessor, and is double the value of the goods carried off. The right of action vests, in the party aggrieved,- ás soon ' as the grievance is committed. $.nd Gould, j., says, in the case of Ward v. Snell, (1 Hen. Bl. Rep. 13.,) an action .for shch penalty is . like An , action qua bond to re.cover a debt already due, and the plaintiff if he recovers in such case-, is entitled to costs. Tbe defendant:was properly held- td> rbail 'y and if there be any cOftipláirtt' with respect to .the amount, the; record,eifór A judge, at -his chambers, can mitigate the bail. .

Motion granted.

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Per Gurictni..

This! is a motion to vacate; the order of the recorder of New-York, for discharging the defendant on common bail. The action is founded upon the 14th section of the statute ‘‘concerning distresses, fen,ts;. and reinóvaí of leases, (1 R. L. 437.,) for remoying goods ffoin the demised premises, leaving, the-rerit unpaid, ' This, is not a popular action.. ¡The', penalty is-given to the landlord or lessor, and is double the value of the goods carried off. The right of action vests, in the party aggrieved,- ás soon ' as the grievance is committed. $.nd Gould, j., says, in the case of Ward v. Snell, (1 Hen. Bl. Rep. 13.,) an action .for shch penalty is . like An , action qua bond to re.cover a debt already due, and the plaintiff if he recovers in such case-, is entitled to costs. Tbe defendant:was properly held- td> rbail 'y and if there be any cOftipláirtt' with respect to .the amount, the; record,eifór A judge, at -his chambers, can mitigate the bail. .

Motion granted.

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Bluebook (online)

13 Johns. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-taylor-nysupct-1816.