Tracy v. Leland
The Superior Court of New York City
This was an action brought to recover the possession of personal property wrongfully detained. Part of the property claimed, viz. a rosewood piano, has been concealed or removed, and disposed of by the defendant, so that it could not be found by the sheriff. On due proof of these facts, the plaintiff obtained an order of arrest, under which the defendant has been actually arrested.
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This was an action brought to recover the possession of personal property wrongfully detained. Part of the property claimed, viz. a rosewood piano, has been concealed or removed, and disposed of by the defendant, so that it could not be found by the sheriff. On due proof of these facts, the plaintiff obtained an order of arrest, under which the defendant has been actually arrested. A motion is now made in her behalf to discharge her, upon the ground, among others, that this is not a case in which a female can be arrested.
1Opinion of the Court
Mason, J., (after consultation with Duer and Campbell, J. J.)
The decision of this question depends upon the construction to be given to the 189th section of the code. The third subdivision of that section expressly authorizes the arrest of a defendant in cases like the present, but with the proviso that no female “ shall be arrested in any action except for a wilful injury to person, character, or property.” If this ease is embraced in either of the exceptions, it must be in the last, a wilful injury to property. But it is difficult to understand how the mere detention or concealment of a…
2Cited by3 opinions
- Cleveland v. BarrowsNew York Supreme Court · 1871
- People ex rel. Burroughs v. WillettNew York Supreme Court · 1857
- Duncan v. Katen ex rel. ShawNew York Supreme Court · 1875