# Trask v. Payne

> New York Supreme Court · April 5, 1865 · 43 Barb. 569

URL: https://www.frixlaw.com/law-library/cases/5460957

## Case

- **Full name:** Trask v. Payne
- **Court:** New York Supreme Court
- **Decided:** April 5, 1865
- **Citations:** 43 Barb. 569; 1865 N.Y. App. Div. LEXIS 18
- **Precedential status:** Published
- **Opinion:** Dissent by Morgan
- **Judges:** Bacon, Morgan
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5460957

## Opinion text

Morgan J.
dissented from the proposition that desertion is not a felony at common law, or by statute, being substantially so declared by the rules and articles of war; hut he concurred in the result, on the ground that the plaintiff was not a deserter at thé time of the arrest for which this action was brought.
Judgment for the plaintiff.
Mullin, Morgan, Bacon and Foster, Justices.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5460957. Public record. Not legal advice.