De Witt v. Morris
New York Supreme Court
Motion to set aside an inquisition. The plaintiff sued out a writ of replevin, returnable in July term, 1830, in which he complained that the defendants had taken and unjustly detamed certain goods and chattels, to wit, about four ° 7 , r tonsof iron ore, commonlycalledbogore; wherefore the sheriff of Schenectady was commanded to cause the same goods and chattels to be replevied and delivered to the plaintiff without delay.
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Motion to set aside an inquisition. The plaintiff sued out a writ of replevin, returnable in July term, 1830, in which he complained that the defendants had taken and unjustly detamed certain goods and chattels, to wit, about four ° 7 , r tonsof iron ore, commonlycalledbogore; wherefore the sheriff of Schenectady was commanded to cause the same goods and chattels to be replevied and delivered to the plaintiff without delay. The sheriff made return on the back of the writ, that he had caused the within property to be replevied and delivered to the plaintiff, Subsequently the defendants sued…
1Opinion of the Court
By the Court,
Nelson, J.
The writ of replevin described the property to be taken in the following words : “Goods and chattels, to wit, about four hundred tons of iron ore, commonly called bog ore.” Under this writ the sheriff replevied 720 tons. The writ is defective, in not being more specific in the description of the chattels to be taken, 2 R. S. 523, § 6; but that question cannot now arise. The sheriff should have refused to execute the writ. Assuming it regular, what number of tons was the sheriff authorized to replevy under it? About four hundred tons clearly does not mean seven hundred…
2Cited by8 opinions
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- Rhoads v. WoodsNew York Supreme Court · 1864
- Harrow v. RyanSupreme Court of Iowa · 1870
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