Lahey v. Brady
New York Court of Common Pleas
Appeal from a judgment of Special Term overruling a demurrer. The action was founded upon an undertaking in replevin, given by the defendants as sureties of one Thomas P. Sherlock. Sherlock brought suit against Hugh Lahey to recover possession of a horse, and on taking the horse, gave, with the defendants to this action, the usual undertaking. Before the trial of that action, Sherlock died, and his widow was appointed his administratrix.
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Appeal from a judgment of Special Term overruling a demurrer. The action was founded upon an undertaking in replevin, given by the defendants as sureties of one Thomas P. Sherlock. Sherlock brought suit against Hugh Lahey to recover possession of a horse, and on taking the horse, gave, with the defendants to this action, the usual undertaking. Before the trial of that action, Sherlock died, and his widow was appointed his administratrix. Lahey thereupon moved that the action ho continued in the name of the administratrix, and upon her default, obtained an order to that effect. The…
1Opinion of the Court
*444By the Court.
Daly, F, J.
Thiswas action against sureties upon an undertaking in replevin. While the nek-m of replevin was pending, the plaintiff died, and the defend;.:;!, upon motion, obtained an order from the Court, that the adndv istratrix of the plaintiff should continue the action, which -he failed to do, and the-defendant obtained judgment. Tinment was not paid, and the action being brought upon the nu-deviating, the defendants demurred upon the ground that íLe action of replevin abated by the death of the plaintiff. It was insisted that replevin was not one of the class of actúen which…
2Cases cited4 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Webbers' Executors v. UnderhillNew York Supreme Court · 1838
- Mellen v. BaldwinMassachusetts Supreme Judicial Court · 1808
- Wells v. PorterNew York Supreme Court · 1831
3Cited by6 opinions
- Potter v. . Van VrankenNew York Court of Appeals · 1867
- Auerbach v. MarksNew York Court of Common Pleas · 1881
- Burnham v. BrennanThe Superior Court of New York City · 1881
- Heinmuller v. GrayThe Superior Court of New York City · 1873
- Heinmuller v. GrayThe Superior Court of New York City · 1872
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