Ford Motor Co. v. Glyder

The requisition in this replevin action is attacked upon the ground that the papers upon which it is based “ are void and irregular and do not show that the plaintiff is the legal or proper owner of these chattels nor that he has any right, claim or title thereto of any kind.”

Unlike the case of an attachment, where the fact of ownership must appear to the satisfaction of a judge, the requirement of section 1096 of the Civil Practice Act is simply that the affidavit to be delivered to the sheriff must contain an allegation of ownership. (See Sloan v. Implement Dealers Mfg. Co., 25 Misc. 451.)

Th…