Simpson v. . St. John
New York Court of Appeals
Appeal from order" of the General Term of the Supreme Court, in the first judicial department, made March 7, 1883, which affirmed an order of Special Term, denying an application for an order of arrest herein. This was an action for the claim and delivery of personal property. One Harris was arrested for obtaining certain personal property by false pretenses ; a warrant of arrest was issued, under which he was arrested and committed for examination.
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Appeal from order" of the General Term of the Supreme Court, in the first judicial department, made March 7, 1883, which affirmed an order of Special Term, denying an application for an order of arrest herein. This was an action for the claim and delivery of personal property. One Harris was arrested for obtaining certain personal property by false pretenses ; a warrant of arrest was issued, under which he was arrested and committed for examination. The property was found in the possession of plaintiffs, who were pawnbrokers. The magistrate gave to an officer a written order to demand the…
1Opinion of the CourtFinch, J.
The order of arrest was refused on the ground that the chattels sought to be recovered were in the custody of a criminal court, pending the prosecution of the party alleged to have stolen them. Such a temporary retention of property for the purposes of criminal justice is within the police power. It in no manner denies or affects the title of the true owner, but postpones his right of possession until the exigencies of the prosecution are satisfied. Very often the production and identification of the stolen articles are essential to the conviction of the thief, and if by a claim, of title…
2Cases cited1 opinion
- Houghton v. BachmanNew York Supreme Court · 1866
3Cited by28 opinions
- Boyle v. KelleyNew York Court of Appeals · 1977
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- People Ex Rel. Robert Simpson Co. v. KempnerNew York Court of Appeals · 1913
- Moreno v. City of New YorkNew York Court of Appeals · 1987
- Rickenberg v. Capitol GarageUtah Supreme Court · 1926
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