Button v. Lusk
New York Supreme Court
Appeal from Onondaga county court. Replevin by Hora Button against William Lusk. The action was originally commenced in justice’s court, and taken by appeal to the county court, where plaintiff’s complaint was dismissed on the ground that it did not state a cause of action. Plaintiff appeals.
1Opinion of the CourtMartin, J.
We think the appeal in this case should prevail. The action was replevin. The facts, as set forth in the plaintiff’s affidavit, were treated as alleged in the complaint. These allegations were, in substance, that plaintiff owned, and was entitled to the possession of, the property in question; that the defendant wrongfully detained it; and that the alleged cause of detention was that defendant levied upon and took it away under an execution against the property of a third person. The court below held that the complaint did not state facts sufficient to constitute a cause of action, refused to…
2Cases cited5 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Price v. . BrownNew York Court of Appeals · 1885
- Argersinger v. LevorNew York Supreme Court · 1889