Gruber v. Janns
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action of replevin by Bernard Gruber against Joseph J. Janns and others. From a judgment for defendants, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The defendant Janns, a city marshal, obtained possession of the goods by levy under a warrant of attachment, and now holds them, according to a stipulation or admission of record upon the trial below, “pursuant to an execution issued out of the Eleventh District Municipal Court on the 4th day of August, 1902, upon judgment rendered” in the action in which the attachment issued. This admission suffices prima facie for the regularity of the defendant’s claim to possession, and, while it would appear that there was some contention as to the proper form of a paper purporting to be the judgment,…
2Cases cited1 opinion
- Risk v. UffelmanNew York Court of Common Pleas · 1894