Springfield Metallic Casket Co. v. Wielar
City of New York Municipal Court
Appeal from an order made at Special Term on December 8, 1898, vacating a replevin writ on the ground that the property mentioned therein was not particularly described therein as required by the Code.
1Opinion of the CourtSchuchman, J.
On December 1, 1898, a replevin writ was issued herein, and, together with the affidavit and undertaking on which it was issued, was served on the defendant Joseph Wielar.
*864The chattels required to be replevied were described in the requisition and affidavit as follows: 2 6-0 elliptic solid copper lining; 1 6-0 octagon solid copper lining, full glass; 1 6-3 elliptic zinc plated, full glass; 1 5-9 elliptic zinc plated, full glass, etc.
No summons was served on the defendant Wielar, and he did not interpose an appearance in the action until December 8.
On December 3 defendant Wielar obtained an…
2Cases cited6 opinions
- Reed v. . ChilsonNew York Court of Appeals · 1894
- Schwietering v. RothschildAppellate Division of the Supreme Court of the State of New York · 1898
- Couch v. MulhaneThe Superior Court of New York City · 1882
- Devoe v. SeligCity of New York Municipal Court · 1898
- Douglas v. HaberstroNew York Supreme Court · 1879
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