Fitzpatrick v. Krause
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, First district. Action by John A. Fitzpatrick against Bernath Krause. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtFreedman, P. J.
Assuming, as claimed by the plaintiff in this action, that he (plaintiff) was the owner of the property taken under the writ of replevin by the defendant, as marshal of the city, in the action of B. Cohen against Feinberg Bros., while such property was in the apparent possession of the said defendants in the writ, the plaintiff could only maintain this action by a compliance with the provisions of Code Civ. Proc. §§ 1709, 1710; Consol. Act, § 1341 (Laws 1882, c. 410); Charter Greater New York, § 1428 (Laws 1897, c. 378). McCarthy v. Ockerman, 154 N. Y. 565, 49 N. E. 153. The record contains…
2Cases cited1 opinion
- McCarthy v. . OckermanNew York Court of Appeals · 1898