Marsh v. White
New York Supreme Court
This was a special action on the case, tried at the Onondaga circuit in April, 1846, before Whiting, C. Judge. The declaration set forth the recovery of a judgment by the plaintiff in this suit against one Cyrus Cowles before a justice of the peace, on the 17th of April, 1843, for the sum of $54,67, the issuing of an execution thereon, and a levy by the constable upon certain articles of personal property belonging to Cowles, and the endorsing of such levy upon the…
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This was a special action on the case, tried at the Onondaga circuit in April, 1846, before Whiting, C. Judge. The declaration set forth the recovery of a judgment by the plaintiff in this suit against one Cyrus Cowles before a justice of the peace, on the 17th of April, 1843, for the sum of $54,67, the issuing of an execution thereon, and a levy by the constable upon certain articles of personal property belonging to Cowles, and the endorsing of such levy upon the execution. The declaration then alleged that after such levy was made, and while the property remained bound thereby, the…
1Opinion of the Court
By the Court,
Gredley, J.
I. If this action can be sustained by the plaintiff, it is manifest that it is not on the ground that be is the owner of the property, and for the recovery of damages for a direct invasion of such property. The absolute owner of property, or an officer who has levied on it, and is therefore a special owner, may maintain an action of trespass or trover for an unlawful intermeddling with such property by a stranger; and it is no defence in the latter case that there may be property enough remaining to satisfy the execution. Not so, however, in a case like this, when the…
2Cases cited2 opinions
- Lane v. HitchcockNew York Supreme Court · 1817
- Barker v. MathewsCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Black v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1897
- Dickey v. BatesNew York Supreme Court · 1895