Wilder v. Ewbank

By the Court, Bronson, J. This case falls within the principle of Jackson v. Sheldon, 5 Cowen, 448. I had prepared an opinion assigning the reasons why I think that case ought not to be followed. But my brethren are of opinion that we ought not to depart from the former case, and that the decision of the justice was consequently erroneous. Proceedings reversed.