Legal Opinion

Tracy v. New York & Harlem Railroad

The Superior Court of New York City

Decided January 15, 1863Published

Motion to correct or amend the recitals of the judgment which had been entered in this case, in favor of plaintiff, after a new trial had been denied, and the order denying it affirmed by the Court, at General Term, on appeal. The decision of that appeal is reported, ante, p. 396. The facts relative to the present motion will sufficiently appear in the opinion.

1Opinion of the CourtRobertson, J.

This action was brought to recover personal property, claimed to be wrongfully detained. The plaintiff recovered possession of it after the delivery of a requisition to the Sheriff to take it. The plaintiff obtained a verdict. The Jury assessed the value of the property at one thousand dollars, and also twenty-five dollars as damages for the detention. A motion was made for a new trial at Special Term, which was denied, and the order denying it was affirmed, on appeal to the General Term. *616After the decision at Special Term, the parties stipulated that “ the case on appeal to the General Term…

2Cases cited3 opinions

  1. Marquart v. La FargeThe Superior Court of New York City · 1856
  2. Jellinghaus v. New York InsuranceThe Superior Court of New York City · 1860
  3. Brown v. RichardsonThe Superior Court of New York City · 1857

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