Hein v. . Davidson
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, ■made January 21, 1884, which reversed an order of Special Term, granting a motion substituting certain persons as defendants in this action, and.which denied said motion.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, ■made January 21, 1884, which reversed an order of Special Term, granting a motion substituting certain persons as defendants in this action, and.which denied said motion. This action was brought against defendant as sheriff of the city and county of New York, to recover damages for alleged trespass in seizing and carrying away certain property belonging to plaintiff. The answer alleged that the property was levied upon by defendant under and by virtue of an attachment issued to…
1Opinion of the CourtFinch, J.
Those sections of the Code which free the sheriff from hability for a seizure of property where he has taken a bond of indemnity, and the sureties seek to be substituted as de fendants, are now claimed to be unconstitutional upon the ground that they take away the private property of the citizen without due process of law. If the property of such person is seized by an officer who holds no process against him, and who, therefore, is a pure trespasser without authority or justification for the act, the injured party has his right of action against the wrong-doer. That right is property; it has…
2Cases cited3 opinions
- McMillen v. AndersonSupreme Court of the United States · 1877
- Foule v. MannSupreme Court of Iowa · 1881
- Sunberg v. BabcockSupreme Court of Iowa · 1883
3Cited by13 opinions
- Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1901
- Wilson v. Æolian Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Levy v. . DunnNew York Court of Appeals · 1899
- Williams v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
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