Wehrkamp v. Willet
New York Court of Appeals
Ella Wehrkamp brought this action, in the New York common pleas, against James C. Willet, sheriff of the county of New York (for whom, on bis death pending the action, James S., his executor, was substituted as defendant), to recover possession of personal property, consisting of carpets and pictures, which she alleged was unjustly detained from her.
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Ella Wehrkamp brought this action, in the New York common pleas, against James C. Willet, sheriff of the county of New York (for whom, on bis death pending the action, James S., his executor, was substituted as defendant), to recover possession of personal property, consisting of carpets and pictures, which she alleged was unjustly detained from her. The defense was that the property belonged to William 0. Wehrkamp, and had been taken in execution on a judgment obtained against him at the suit of one Marline. On the first trial plaintiff obtained a verdict, which was set aside, and a new…
1Opinion of the Court
By the Court.
Weight, J.
The plaintiff was sworn as a witness in her own behalf; the defendant objecting to her examination, as the case states, on the ground that the action being under the sheriff’s claim against her 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…
2Cases cited2 opinions
- Marsh v. PotterNew York Supreme Court · 1860
- Shoemaker v. MckeeNew York Supreme Court · 1860
3Cited by2 opinions
- People v. . HinksmanNew York Court of Appeals · 1908
- People v. . GreenwallNew York Court of Appeals · 1888