Wheeler v. M'Farland
New York Supreme Court
Error from the Washington common pleas. This was an action of replevin brought by the plaintiffs for a quantity of boards taken by one Eldridge, a deputy of the defendant, sheriff of the county of Washington, by virtue of an execution against one Vaughan.
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Error from the Washington common pleas. This was an action of replevin brought by the plaintiffs for a quantity of boards taken by one Eldridge, a deputy of the defendant, sheriff of the county of Washington, by virtue of an execution against one Vaughan. The plaintiffs had sawed a quantity of logs for Vaughan into boards, under an ageeement that they should have a lien for their charges of sawing upon the boards, which should be drawn from the mill and piled upon the canal bank a short distance from the mill, the lien to remain until the plaintiffs were paid. The charges for sawing amounted…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It does not appear what opinion was expressed by the court upon the several points raised for their decision; the inference would seem to be that they were all decided in favor of the defendant. An opinion will therefore be proper to be expressed upon them, in the order in which they were taken: 1. Where the action of replevin is brought by any person other than the defendant in the execution upon which the levy was made, the objection above taken is not tenable. This has been so decided, and the subject discussed in Clark v. Skinner, 20 Johns. R. 465, and Dunham v.…
2Cases cited2 opinions
- Moore v. HitchcockNew York Supreme Court · 1830
- Dunham v. WyckoffNew York Supreme Court · 1829
3Cited by28 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
- Lowe v. WingWisconsin Supreme Court · 1882
- Atkins v. . SaxtonNew York Court of Appeals · 1879
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
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