O'Reilly v. Good
New York Supreme Court
APPEAL from an order made at a special term denying a motion to set aside the plaintiff’s proceedings to obtain the immediate delivery of personal property. The action was in the nature of the former action of replevin, brought under the provisions of the code, to recover the possession of property.
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APPEAL from an order made at a special term denying a motion to set aside the plaintiff’s proceedings to obtain the immediate delivery of personal property. The action was in the nature of the former action of replevin, brought under the provisions of the code, to recover the possession of property. The affidavit of the plaintiff, made by him under section 207 of the code, stated “that the said property has not been taken for a tax, assessment or fine, pursuant to a statute,” &c. as required by the fourth subdivision of that section. The motion to set aside the proceedings was founded upon…
1Opinion of the Court
By the Court,
Sutherland, J.
Probably we should assume that the plaintiff made the affidavit for the delivery of the property under section 207 of the code, in ignorance of the fact that it had been taken for a tax under the revenue act of congress; but whether that was so or not, the affidavits of the collector and of the deputy collector on which the motion to set aside the proceedings for the delivery was made at special term, showed conclusively that the property was taken by the defendant under a warrant, regular on its face, for a tax under the act of congress; and there was…
2Cases cited2 opinions
- Slocum v. MayberrySupreme Court of the United States · 1817
- People v. Albany C. P.New York Supreme Court · 1832
3Cited by9 opinions
- LeRoy v. East Saginaw City RailwayMichigan Supreme Court · 1869
- Westenberger v. WheatonSupreme Court of Kansas · 1871
- Power v. KindschiWisconsin Supreme Court · 1883
- Pullan v. KinsingerU.S. Circuit Court for the District of Southern Ohio · 1870
- Paddock v. GuyderNew York Supreme Court · 1890
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