Horowitz v. Decker
Appellate Terms of the Supreme Court of New York
Appeal from Municiml Court, Borough of Manhattan, Fourth District. Action by Samuel Horowitz against Davis Decker. From a Municipal Court judgment in' favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtLeventritt, J.
It is a matter of some difficulty to state intelhistory events resulting judgment appealed from. The action was originally brought as one in replevin. On the usual affidavit, undertaking, and requisition, summons was issued to the marshal, who served it on the 8th day of September, 1903, by posting a copy on the outer door of the defendant’s last known place of residence, and depositing another copy in the post office, addressed to the same place. It also appears by the marshal’s affidavit annexed to the return that the property was actually replevied from *219the possession of one Charles E.…
2Cases cited4 opinions
- Deyo v. . MorssNew York Court of Appeals · 1894
- Hurry v. CoffinNew York Court of Common Pleas · 1882
- Vincent v. KingNew York Supreme Court · 1856
- Spiero v. Metropolitan St. Ry. Co.New York Court of Common Pleas · 1895
3Cited by1 opinion
- Sherman v. FreuhaffCity of New York Municipal Court · 1941