People v. Albany C. P.
New York Supreme Court
Motion for mandamus. Groat, as president of a court martial, issued a warrant directing the collection of a military fine of $4 from H. Hammond, a member of the society called Shakers. The warrant was executed by Enos, a constable, by levying upon property belonging to the society of Shakers, -and two of its members caused the property to be replevied by plaint returnable in the Albany common pleas.
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Motion for mandamus. Groat, as president of a court martial, issued a warrant directing the collection of a military fine of $4 from H. Hammond, a member of the society called Shakers. The warrant was executed by Enos, a constable, by levying upon property belonging to the society of Shakers, -and two of its members caused the property to be replevied by plaint returnable in the Albany common pleas. Groat and Enos being made defendants in the replevin, moved the court to set aside the plaint, which they refused, on the ground that It was not shewn that Hammond had been summoned to appear…
1Opinion of the Court
By the Court,
Savage, C. J.
The revised statutes provide “ that no replevin shall lie for any property taken by virtue of any warrant for the collection of any tax, assessment or fine, in pursuance of any statute of this state.” 2 R. S. 522, § 4.
The common pleas supposed that they had a right upon the motion before them to Inquire into the regularity of the proceedings of the court martial, which I apprehend is a mistake. If it appears upon the face of the warrant in the pos*486session of the officer, that he is authorised to collect any tax, assessment or fine, replevin is not the proper remedy to…
2Cited by12 opinions
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- O'Reilly v. GoodNew York Supreme Court · 1864
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