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1 Adam Partenheimer, Respondent, agt. Abram Van Order, Appellant 1855

handle is hein.trials/abau0001 and id is 1 raw text is: Supreme Court. ADAM PARTENHEIMER, Respondent,1 ACT. ABRAM VAN ORDER, Appelant. This action was commenced September 23rd, 1853. before Caleb B. Drake Esq. a Justice of the Peace. The plalhtiff com- plained for a trespass committed by the cattle of defendant.- The defendant denied the allegations of the complaint and alledged a defect of fences. The ease was tried before a jury who rendered a verdict for the 2 plaintiff and the justice rendered judgment accordingly. The defendant appealed to the County Court where the judgment was affirmed. No written opinion was given. The defendant ap- pealed to this Court. No copy of the complaint is attached to the judgment roll but it is substantially set forth in the Justice's returns. WALBRIDGE & FINCH, Appellant's Att'ys. 3 ADAM PARTINHEIMER, ABRAM VAN ORDER. Defendant for answer to plaintiff's complaint, denies each and every allegation of the said complaint, and further if the defend- ant's cow was upon the plaintiff's possessions she got there thro' the insufficiency of the plaintiff's fences, which lie was bound to keep in a lawful condition and repair. Tompkins County, ss :-I, Caleb B. Drake, the Justice of the Peace in the notice of appeal hereto annexed, do certify to the 4 Judge of County Court of the county of Tompkins, that before the coming to me of said notice, to wit, on the 23d day of Sep- tember, 1853, at the request of Adam Partenheimer, in the said notice of appeal named, 1 i-sued a summons directed to any con- stable of the said county, commanding him to summons Abram Van Order, in the said notice also named, to appear before me at my office in the town of Ithaca, on the 30th day of September, then inst., at two o'clock in the afternoon, to answer Adam Par- tenheimer, in a civil action to his damage one hundred dollars, 5

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