Spencer v. M'Gowen
New York Supreme Court
Error from the Tompkins common pleas. Spencer sued M’Gowen and Shepard, in an action of trespass, for the taking of a horse, which had been delivered to him on the third day of November,1830, as the plaintiff in a writ of replevin issued against one Carter.
Read the full summary
Error from the Tompkins common pleas. Spencer sued M’Gowen and Shepard, in an action of trespass, for the taking of a horse, which had been delivered to him on the third day of November,1830, as the plaintiff in a writ of replevin issued against one Carter. The plaintiff further proved that the horse in question had been mortgaged with other property, by Carter, to one M’Cormick, to secure the payment of a certain sum of money; that the mortgage had been assigned to him, the plaintiff;. that it had become forfeited; and that by an award of arbitrators, made in pursuance of a submission…
1Opinion of the Court
*257 By the Court,
Sutherland, J.
It is contended by the
plaintiff in error, that under the act in relation to the action of replevin, 2 JR. /S'. 525, § 13, &c. the defendants were bound to have demanded a jury from the sheriff to tiy their title to the horse, before they could summarily regain the possession of him. The 13th section provides, that if the defendant in the action of replevin, or any other person toho may be in p>ossession of the goods and chattels specified in the writ, shall claim property therein or in any part thereof, he may give notice to the sheriff thereof, and demand a jury…
2Cited by15 opinions
- Sears v. CottrellMichigan Supreme Court · 1858
- Hodge v. Muscatine CountySupreme Court of the United States · 1905
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Shipman v. ClarkNew York Supreme Court · 1847
- Hersee v. . PorterNew York Court of Appeals · 1885
10 more not listed; retrieve them via the Exa API.