New York Supreme Court May 15, 1826 (Jackson ex dem. Norton v. Sheldon)

Curia, per Woodworth, J. (after stating the facts.)

The question to bo decided is, whether the plaintiff, after having distrained, can, under the statute, maintain this action.

It is material to enquire, whether as respects the point under consideration, the statutes, (1 R. L. 440, and 2 Geo. 2, ch. 28,) have changed the common law doctrine, as understood before the passing of those acts.