Clemmons v. Gorman
New York Court of Common Pleas
Appeal from city court, general term. Replevin by William Francis Clemmons against John J. Gorman, sheriff. From an order affirming an order denying a motion made by Callman Rouse and Samuel Barnett to open a judgment entered against defendant by default and to substitute them as defendants in the action, said Rouse and Barnett appeal. Affirmed.
1Opinion of the CourtBookstaveb, J.
This action in replevin was brought in the city court of New York to recover certain chattels which were in the possession of the defendant, as sheriff, under and by virtue of *355certain executions issued to him against the property of one Copple Levy. A writ of replevin was issued by the plaintiff to the coroners of the city and county of New York, who took certain chattels thereunder. Thereafter, and before the chattels replevied on said writ were delivered to the plaintiff, Callman Rouse and Samuel Barnett, the appellants herein, executed an undertaking which was given to the plaintiff by…
2Cases cited7 opinions
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
- Hayes v. . DavidsonNew York Court of Appeals · 1885
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Walsh v. SchulzNew York Court of Common Pleas · 1884
- Jakobi v. GormanNew York Court of Common Pleas · 1893
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