Cullen v. Miller
The Superior Court of New York City
Motion by defendant for re-delivery of property replevined. The action was by Elizabeth Cullen against Greorge Miller, for the claim and delivery of personal property. The defendant excepted to the plaintiff’s sureties, and upon their failure to justify, made this motion for the re-delivery to him of the property.
1Opinion of the CourtVar Vorst, J.
The defendant excepted to the sureties given by the plaintiff, and they failed to justify. The defendant now moves that the sheriff be directed to deliver the property to him. The only provision in the «code, looking to a return of the property to the defendant, before judgment in his favor in the action, is contained in section 211. If the defendant does not except to the plaintiff’s sureties, he may require such return by executing and giving to the sheriff a proper undertaking for the delivery thereof to the plaintiff, if such delivery be adjudged. This return must be required within three…
2Cases cited2 opinions
- Hofheimer v. . CampbellNew York Court of Appeals · 1874
- Graham v. WellsNew York Supreme Court · 1857
3Cited by1 opinion
- United States Land & Investment Co. v. BusseyNew York Supreme Court · 1889