Legal Opinion

Josuez v. Murphy

New York Court of Common Pleas

Decided February 7, 1876Published

Appeal by plaintiff from a'judgment of the general term, of the Marine Court, affirming a judgment of that court dismissing the complaint, entered by direction of a judge of that court at trial term. The facts are fully stated in the opinion.

1Opinion of the CourtRoBinson, J.

The cause of action upon which plaintiff relied upon allegations in her complaint and proof adduced by *326her on the trial, was the institution by her in the Marine Court, of an action against one Francis Everaert, to recover possession of certain personal property, the issuing with her summons in that action, of a requisition to the defendant, then one of the marshals of the city, directing him to take said personal property and deliver it to the plaintiff; the taking by him of part of the property; the making by him of an affidavit that part of the property, of the value of §250, “ had been…

2Cases cited3 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Tracy v. GriffinNew York Supreme Court · 1867
  3. Watson v. McGuireNew York Court of Common Pleas · 1867

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