Wehrkamp v. Willett
New York Court of Appeals
Appeal from a judgment of New York Common Pleas. The action was brought by the plaintiff, a married woman, to recover the possession of certain personal property in carpets and paintings, alleged to belong to her, which was taken by the defendant’s intestate, as sheriff of the city and county of New York, under an execution issued upon a judgment recovered in favor óf one William L. Martine against her husband. ♦ The case was tried in the New York Common Pleas, before his…
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Appeal from a judgment of New York Common Pleas. The action was brought by the plaintiff, a married woman, to recover the possession of certain personal property in carpets and paintings, alleged to belong to her, which was taken by the defendant’s intestate, as sheriff of the city and county of New York, under an execution issued upon a judgment recovered in favor óf one William L. Martine against her husband. ♦ The case was tried in the New York Common Pleas, before his honor, Judge Brady, in April, 1861, and the plain tiff had a verdict, the jury assessing the value of the property at…
1Opinion of the CourtWeight, J.
The plaintiff was sworn as a witness in her own behalf; the defendant objecting to her examination, as the ease states, on the ground that the action being under the sheriff’s claim against the husband, it was substantially against him, and she could not be examined because her husband was so far interested in the case. The point of the objection is not clear, but if it has any meaning it is this, that the sheriff having taken and sold property under an execution against the plaintiff’s husband, an action to test the title to such property is one substantially against him, and in which he is…
2Cases cited3 opinions
- Marsh v. PotterNew York Supreme Court · 1860
- Schaffner v. ReuterNew York Supreme Court · 1862
- Shoemaker v. MckeeNew York Supreme Court · 1860
3Cited by3 opinions
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- Birdsall v. . PattersonNew York Court of Appeals · 1872
- Mapes v. SnyderNew York Supreme Court · 1873