Mulvey v. Davison
The Superior Court of New York City
Defendant moved to vacate an order of arrest. The action was brought to recover the “ possession of personal property.” The sheriff returned that he had served the papers on defendant, and demanded of him the property, which he refused to give up, and he further certified» “ that the property has been concealed or disposed of, so that he could not take the same.”
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Defendant moved to vacate an order of arrest. The action was brought to recover the “ possession of personal property.” The sheriff returned that he had served the papers on defendant, and demanded of him the property, which he refused to give up, and he further certified» “ that the property has been concealed or disposed of, so that he could not take the same.” On an affidavit stating the proceedings and sheriff’s return, and that the defendant wrongfully took and detained the property, an order was made for the arrest of the defendant, and requiring him io give bail to pay any judgment…
1Opinion of the Court
Bosworth, Justice.
I am satisfied this order can not be sus tained. It is not an order to give bail to appear in the action and continue within the reach of the process of the court. But it requires the defendant to give bail to pay any Judgment that may be recovered. A plaintiff in an action “to recover the possession ” of personal property is not entitled to such an order, without proof that the defendant has concealed, removed, or dis posed of it “ with the intent that it should not be so found, or taken, or with the intent to deprive the plaintiff of the benefit thereof” (Code § 179, sub.…
2Cited by2 opinions
- Watson v. McGuireNew York Court of Common Pleas · 1867
- Purchase v. BellowsThe Superior Court of New York City · 1862