Morris v. Van Voast
New York Supreme Court
Demurrer to plea. The plaintiff declared in trespass for the taking of a quantity of iron ore,, the property of the plaintiff.
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Demurrer to plea. The plaintiff declared in trespass for the taking of a quantity of iron ore,, the property of the plaintiff. The suit was commenced in December, 1835. The defendant pleaded that on the 20th May, 1831, he in his official capacity as sheriff of the county of Schenectady, took the properly by virtue of a writ of replevin sued out by one De Witt against Morris (the now plaintiff) and another person, and that with the writ, was delivered to him an affidavit of property made by De Witt; which taking he alleged to be the same trespass complained of, and wherefore, he said he was…
1Opinion of the Court
By the Court,
Nelson, C. J.
The plea is defective in two respects: 1. In omitting to set forth the execution of the bond to the sheriff in pursuance of the 2d sub. of the', 7 §, 2 R. S. 523; and 2. The limitation of actions against sheriffs, \ 22, 2 R. S. 296, has no application to the case.
The seventh section provides in positive terms, that the writ (of replevin) shtil not be executed in any case unless, *284The affidavit therein prescribed, be made and delivered with the writ; and 2. That a bond for the return of the property be executed and delivered to the sheriff. The eighth section declares,…
2Cases cited1 opinion
- Berrien v. WesterveltNew York Supreme Court · 1834
3Cited by14 opinions
- Renfroe v. ColquittSupreme Court of Georgia · 1885
- Cumming v. . BrownNew York Court of Appeals · 1871
- Gerber v. AckleyWisconsin Supreme Court · 1875
- Dixon v. SeymourAppellate Division of the Supreme Court of the State of New York · 1978
- State ex rel. Goodin v. McDonoughMissouri Court of Appeals · 1880
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