Clark v. Skinner
New York Supreme Court
THIS was an action of replevin for a horse, cutter, and harness. The defendant pleaded, 1. JYoncepit. 2. Avowry and justification of the taking, by virtue of execution issued on a judgment in a Justice’s Court, in favour of L. F. Steevens against John Clark, the father of the plaintiff; and the defendant being a constable, averred, that he took the horse, &c. out of the possession of John Ciar',, the defendant in the execution ; and that the property and possession of the…
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THIS was an action of replevin for a horse, cutter, and harness. The defendant pleaded, 1. JYoncepit. 2. Avowry and justification of the taking, by virtue of execution issued on a judgment in a Justice’s Court, in favour of L. F. Steevens against John Clark, the father of the plaintiff; and the defendant being a constable, averred, that he took the horse, &c. out of the possession of John Ciar',, the defendant in the execution ; and that the property and possession of the horse, Sic. were in John Clark at the time of the taking, on the execution; and traversed, that the property or possession…
1Opinion of the CourtPlatt, J.
I am of opinion, that replevin lies in favour of any person whose goods are taken by a trespasser. As to John Clark, the goods were in the custody of the law, and therefore, irreplevisable ; but, in my judgment, the law does not deny the remedy by replevin, to any person whose goods are taken from his actual or constructive possession by a wrong-doer. It is, in many cases, the only certain and efficacious remedy, and, without it, a man’s personal chattels would never be safe, unless he keeps them in his own absolute custody. Suppose, John Clark, in this case, had taken the horse and sleigh,…
2Cases cited1 opinion
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
3Cited by25 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Rogers v. . WeirNew York Court of Appeals · 1866
- Samuel v. AgnewIllinois Supreme Court · 1875
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