Libby v. Libby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Josephine Libby, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 9th day of April, 1901, appointing a receiver pendente lite of the personal, property sought to be recovered in the action.
1Opinion of the Court
Laughlin, J.:
This action was commenced on or subsequent to the 8th day of February, 1900, to recover the possession of certain personal property consisting of bonds, stocks, notes, jewelry and cash which it is alleged in the complaint are owned by the plaintiff, and in the month of September, 1897, were wrongfully taken and have been since that time wrongfully detained by the defendant.
The property was in the possession of the defendant and within the jurisdiction of the court, but no writ of replevin has been issued. The parties are husband and wife. Although not legally separated, they had…
2Cases cited4 opinions
- Adee v. . BiglerNew York Court of Appeals · 1880
- Hellebush v. BlakeIndiana Supreme Court · 1889
- Dennistoun v. DraperU.S. Circuit Court for the District of Southern New York · 1866
- Starr v. RathboneNew York Supreme Court · 1847
3Cited by1 opinion
- Bacon v. EngstromSupreme Court of Minnesota · 1915