Legal Opinion

Devoe v. Selig

City of New York Municipal Court

Decided December 15, 1898PublishedCited by 5 opinions

Appeal from an order, denying the defendants’ motion to vacate and set aside a requisition and replevin writ on the ground, that the same fails to comply with section 1695 of the Code of Civil Procedure in that it fails to particularly describe the chattels to be replevied.

1Opinion of the CourtSchuchman, J.

The chattels are described as follows: Eleven cotton linings, 610 1-4 yds.; 9 cotton linings, 459 yds.; 3 6-4 woolen cloth, 2014-8 yds.

This description is not sufficient to enable the sheriff to determine from it, with some degree of accuracy and intelligence, what he was required to replevy. Van Dyke v. N. Y. State Banking Co., 18 Misc. Rep. 661; 77 N. Y. St. Repr. 736; Schweitering v. Rothschild, 84 N. Y. St. Repr. 206.

In the case of McCarthy v. Ockerman, 154 N. Y. 565, the Court of Appeals held the description sufficient, hut that one is different from the one under consideration. Ho…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. McCarthy v. . OckermanNew York Court of Appeals · 1898
  2. Van Dyke v. New York State Banking Co.New York Supreme Court · 1896

3Cited by5 opinions

  1. Marshall v. FriendNew York Supreme Court · 1900
  2. Clemmons v. BrinnAppellate Terms of the Supreme Court of New York · 1901
  3. Farrell v. StuartAppellate Terms of the Supreme Court of New York · 1915
  4. Marshall v. FriendAppellate Division of the Supreme Court of the State of New York · 1901
  5. Springfield Metallic Casket Co. v. WielarCity of New York Municipal Court · 1899

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