Thorn v. Lazarus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel Lazarus and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of March, 1899, denying the defendants’- motion to vacate a requisition in replevin, and granting the plaintiff leave to amend the description of the property contained in the affidavit accompanying the requisition.
1Opinion of the Court
Patterson, J.:
This is an appeal from an order denying a motion to vacate a requisition in replevin and allowing an amendment of the description of the property in the affidavit accompanying that requisition. The motion was made on an affidavit of one of the attorneys for the defendants pointing out the insufficiency (in the affidavit in replevin) of the description of the property sought to be replevied. On the hearing of the motion an affidavit was read on behalf of the plaintiff, in which the property was specifically described by identifying marks and designations, and the plaintiff asked…
2Cases cited3 opinions
- Schwietering v. RothschildAppellate Division of the Supreme Court of the State of New York · 1898
- Van Dyke v. New York State Banking Co.New York Supreme Court · 1896
- Depew v. LealThe Superior Court of New York City · 1855
3Cited by1 opinion
- Taft v. DelsenerCity of New York Municipal Court · 1941