Marsh v. Backus
New York Supreme Court
This was an appeal by the plaintiffs from a judgment entered at a special term, dismissing the complaint, as to the defendants Backus and Osborne, frith costs. The action, which was in the nature of replevin, was brought against Carnley, sheriff of the city and county of New-York, and Backus and Osborne, the plaintiffs in the attachment upon which the property in question was seized.
1Opinion of the Court
By the Court, Edwards, J.
This action is brought for the recovery of the possession of personal property. The complaint alleges that certain articles of merchandise, which are specifically described, were obtained from the plaintiffs by one Roberts, upon false and fraudulent representations, and that after they had been so obtained, they were seized and taken by the defendant Carnley, who was then sheriff of the city and county of New-York, under color of process of attachment issued against the property of Roberts, on the ground that he was a non resident debtor; and that they were so seized…
2Cases cited2 opinions
- Allen v. CraryNew York Supreme Court · 1833
- Dunham v. WyckoffNew York Supreme Court · 1829
3Cited by1 opinion
- Elder v. FrevertNevada Supreme Court · 1884