Legal Opinion

Shipman v. Clark

New York Supreme Court

Decided May 15, 1847PublishedCited by 17 opinions

Trespass for thirteen pieces of elm timber, tried at the Otsego circuit in September, 1844, before Grid leal Cir. Judge. The plaintiff proved that the defendants took the timber out of nis possession—his workmen being engaged in framing it at the time—and drew it away.

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Trespass for thirteen pieces of elm timber, tried at the Otsego circuit in September, 1844, before Grid leal Cir. Judge. The plaintiff proved that the defendants took the timber out of nis possession—his workmen being engaged in framing it at the time—and drew it away. The defendants gave in evidence a writ of replevin issued out of this court in favor of Ann L. Clark, one of the defendants, against one John F. Scott, by which the sheriff was commanded to replevy eleven or more pieces of hewn elm timber. Bond was given, and affidavit made. The sheriff, by virtue of the writ, took the timber…

1Opinion of the Court

By the Court, Bronson, Ch. J.

On an execution against the goods of A., the officer acts at his peril if he take the goods fff B. But in replevin, where the command of the writ is to replevy and deliver certain specified chattels, the process ms y be a sufficient *448protection to the officer, though he take the chattels from the possession, and they be the property of one who is a stranger to the writ. (Hallett v. Byrt, Carthew, 380.) But in such a case, the process can be no justification to the plaintiif in the replevin; or to those who act under his authority in removing the goods. It would be…

2Cases cited1 opinion

  1. Spencer v. M'GowenNew York Supreme Court · 1835

3Cited by17 opinions

  1. Bullis v. . MontgomeryNew York Court of Appeals · 1872
  2. Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
  3. Welter v. JacobsonNorth Dakota Supreme Court · 1897
  4. Foster v. PettiboneNew York Supreme Court · 1855
  5. Megee v. BeirneSupreme Court of Pennsylvania · 1861

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