Clark v. Weaver
New York Supreme Court
Appeal from a judgment dismissing the complaint, entered upon the report of a referee. This action was brought to recover the possession of seven cows, and damages for the detention thereof. The referee found that on March 6, 1876, one Blasier recovered a judgment against Alonzo Clark, the father of the plaintiff.
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Appeal from a judgment dismissing the complaint, entered upon the report of a referee. This action was brought to recover the possession of seven cows, and damages for the detention thereof. The referee found that on March 6, 1876, one Blasier recovered a judgment against Alonzo Clark, the father of the plaintiff. That some time in March, 1877, an execution was duly issued on said judgment and delivered to one Cornwell, a deputy sheriff, to execute, in pursuance of which he levied in March or April, 1877, upon seven cows, then the property of the plaintiff in this action; that said cows had…
1Opinion of the Court
Hardin, J.:
The referee has found that in April, 1877, the sheriff made a levy on an execution in favor of Blasier, and against one Alonzo Clark, father of plaintiff, upon seven cows “then and there the property of the plaintiff in this action.” (2.) Also that the sheriff was informed by the plaintiff the cows were the property of this plaintiff. (3.) That “notwithstanding thereof the sheriff threatened to remove said cows unless a receiptor was given for the same, that plaintiff thereupon signed and executed and delivered to tbe sheriff the receipt for them ; thereupon the cows were then and…
2Cases cited5 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- Cornell v. . DakinNew York Court of Appeals · 1868
- Carpenter v. Stilwell & AmbroseNew York Supreme Court · 1851
- Lounsbury v. DepewNew York Supreme Court · 1858