Gallarati v. Orser
The Superior Court of New York City
This is a motion by the .plaintiff for judgment on a verdict in his favor, taken subject to the opinion of the Court at General Term, on the questions of law arising at the trial. In July, 1855, Delachwpelh commenced an action in this Court against Amos B. Thompson, to recover the possession of personal property.
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This is a motion by the .plaintiff for judgment on a verdict in his favor, taken subject to the opinion of the Court at General Term, on the questions of law arising at the trial. In July, 1855, Delachwpelh commenced an action in this Court against Amos B. Thompson, to recover the possession of personal property. The necessary papers, to entitle him to have the property taken and delivered to him, were placed in the hands of he defendant, to be executed, he being then Sheriff of the city and county of New York. Not being able to find the property, an order was obtained in that action, on the…
1Opinion of the Court
By the Goübt—Boswobth, Ch. J.
The judgment in the action of Belachapelle v. Thompson, should have been in form; that the plaintiff recover the possession of the property; or the value thereof as assessed, in cuse a delivery cannot be had; and the damages assessed for the detention thereof' and the costs as adjusted. (Fitzhugh v. Wiman, 5 Seld., 559-562; Dwight v. Enos, id., 475.)
But though not entered in the alternative form, it is not void; it is erroneous merely.
It was entered on the 24th of January, 1856. This action was commenced on the 28th of April, 1856, and the complaint informed the…
2Cases cited3 opinions
- Bowdoin v. ColemanThe Superior Court of New York City · 1856
- Cowdin v. StantonNew York Supreme Court · 1834
- Cowden v. PeaseNew York Supreme Court · 1833