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Show : Another. Kuu.no. We tuke pellicular pe-llicular pleasure in writing our concurrence concur-rence with the ruling given by Chief, Justice McKean yesterday morning iu : the ca'-c of Erglebreeht nl. ngainst ; Clinton fi c. known as the liqoercase. , The plaintiffs set forth that th? liquor was destroyed "urlawf'ully, wilfully and maliciously," and on this . allegation sought damages to the amount of three j times the value of the property des-, troyed, under the new code, the total j sum claimed being GT.T'9 1!5. The I defendants answered with a spr-1 cific denial to each allegation, and by separate answers, claiming the warrant under which the property was destroyed was valid ; to which the plaintiffs demurred. The ruling of the Chief Justice is, substantially, without entering into the question of the validity of the warrant, that the answer of defendant was correct in law, and heaee the demurrer was overruled. over-ruled. We hope to be able to agree with Judge McKean on other rulings as well as this one. |
