32 442 Sibbitt v. Lloyd........ ........................ 374 290 Secar v. Atkinson Sharland, Middleditch v.... Shelley, Walton v.... 4 Shelp, Ackerman v......................... 23 Sheppard v. Stites....... Shepherd v. White......... Shepperd v. White....... Rail Road Co., Bennett v............ 361 Shreeve, State v...................................... Rambert v. Cohen........ 146 Wasar, Symmers v....... 361 418 361 Waters, Powell v......... 204 Suydam, New Jersey R. R. v...... 368 Watts, Cowel v............... Symmers v. Wasar. Williams v. Bank of U. S.......... 489 Wood v. Tallman........... 179 Wilson v. Black Bird Creek Marsh Wiltshire, Newby v.............. 201 Yea, Hammett v.... Withers, Hattam V... ................ 213 Youngs v. Hardiston............. 206 339 CASES DETERMINED IN THE SUPREME COURT OF JUDICATURE OF THE STATE OF NEW JERSEY, AT FEBRUARY TERM, 1839. GLENN v. GARRISON. Certiorari to Cumberland Common Pleas, on appeal by plaintiff below. A state of demand in an action (therein styled trespass) charging "that the defendant took in his possession, certain goods and chattels, the property of the plaintiff, that he refused and still refuses to deliver them to the plaintiff, tho' requested, &c. and has converted them to his own use," sets out a case of trover. In trover, a plaintiff's admission that the property claimed is a third person's, may be proved on the trial. On an appeal, an execution on which the goods in controversy, were sold is inadmissible as evidence, unless supported by proof of a judgment; although not objected to in the justice's court. Trover may be maintained for taking goods, whenever trespass will lie for it. The injury complained of, and the time of doing it, should be laid,—in trover even in the court for the trial of small causes, although it is not essential that the time laid, be the true time of the act done. VOL. II. Α |