Green v. Burke
New York Supreme Court
This was an action of replevin, tried at the Cayuga circuit in May, 1888, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of replevin, tried at the Cayuga circuit in May, 1888, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff and another person sued out an execution from a justice’s court on a judgment obtained by them against the defendant for $36,79, and the same was placed by the justice in the hands of J. M. Stevenson, a constable of the town of Drutus, on the 8th April, 1837. Stevenson went to the residence of the defendant and informed him that he had the execution, and the defendant told him to levy on three colts then on his farm, which he accordingly did, and…
1Opinion of the CourtCowen, J.
[ *492 ] *By the Court, Admitting there was a doubt upon the evidence whether the defendant took the wheat, and that the verdict should not be disturbed had it been found on the issue of non cepit merely, still it cannot be maintained in its present form, provided the plaintiff had title. Being general, the entry must be in favor of the defendant on both issues. In legal effect, the finding is, first, that he never took the property ; and secondly that it belonged to him when it was replevied. This entitles him not only to a judgment for his costs, but also for a return.
There is no dispute that…
2Cases cited16 opinions
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