Freeman v. Orser
The Superior Court of New York City
This was an action against the defendant as sheriff, for the delivery of a stock of millinery, consisting of hats, bonnets, ribbons, &c., which the complaint alleged was the separate property of the plaintiff, and that the defendant had wrongfully seized and carried away. The defence was, that the goods were rightfully levied and seized under an execution against the property of Samuel J. Freeman, the husband of the plaintiff, and that they were in fact his property.
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This was an action against the defendant as sheriff, for the delivery of a stock of millinery, consisting of hats, bonnets, ribbons, &c., which the complaint alleged was the separate property of the plaintiff, and that the defendant had wrongfully seized and carried away. The defence was, that the goods were rightfully levied and seized under an execution against the property of Samuel J. Freeman, the husband of the plaintiff, and that they were in fact his property. The cause was tried before Oakley, Chief Justice, and a jury in November, 1855, and a verdict rendered for the plaintiff,…
1Opinion of the CourtBy the Court. Slosson, J.
I shall first state what we deem to be the material facts of the case, and proceed to the questions of law to which they have given rise. The plaintiff, a married woman, brings this action, to recover certain millinery ware, which the sheriff, on the 23d of November, 1854, levied upon, in a store in Division street, under an execution, upon.a judgment against her husband, and which she claims to be her own separate property, “ being the proceeds of her own separate, and individual funds and money.”
The judgment against the husband was docketed, 11th February, 1854, for $263.04.
The defendant…
2Cited by10 opinions
- Todd v. LeeWisconsin Supreme Court · 1862
- Wortman v. PriceIllinois Supreme Court · 1868
- Bailey v. GardnerWest Virginia Supreme Court · 1888
- Stimson v. WhiteWisconsin Supreme Court · 1866
- Brower v. OrserThe Superior Court of New York City · 1858
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