Lake Shore & Michigan Southern Railway Co v. Roach
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, denying defendants’ motion to set aside proceedings on the part of plaintiff for the claim and delivery of'an engine and cars, to recover the possession of which this action was brought. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, denying defendants’ motion to set aside proceedings on the part of plaintiff for the claim and delivery of'an engine and cars, to recover the possession of which this action was brought. The facts are sufficiently stated in the opinion. When property has been taken in violation of the provisions of law, it is proper practice to make a motion to set aside the proceedings. O’Reilly v. Good, 42 Barb., 521; Niagara Elevating Co. v. McNamara, 1 Sheldon, 361.) The…
1Opinion of the CourtEabl, J.
The plaintiff commenced an action to recover of the defendants the possession of a railroad engine and several railroad cars, and upon an affidavit and notice directed to him, the sheriff* of Erie county took the property from the possession of the defendants, and while it was in his possession they made a motion at a Special Term of the Supreme Court to set aside the proceedings pertaining to taking the property, which motion was denied. They then appealed to the General Term of the Supreme Court, and from the order of affirmance there to this court.
The defendant Roach was a tax collector of…
2Cases cited2 opinions
- Hudler v. . GoldenNew York Court of Appeals · 1867
- Niagara Elevating Company v. . McNamaraNew York Court of Appeals · 1872
3Cited by27 opinions
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- Jewish Hospital v. DoeAppellate Division of the Supreme Court of the State of New York · 1937
- Chatlos v. McGoldrickNew York Court of Appeals · 1951
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
- Delafield v. . BradyNew York Court of Appeals · 1888
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