Roberts v. Randel
The Superior Court of New York City
This is an appeal from an order made at chambers, discharging an order for the arrest of the defendant made under the third subdivision of section 179 of the Code of procedure. The defendant had been arrested under that order, and imprisoned for default of bail. The action was brought, in form, for the recovery of the possession of personal property.
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This is an appeal from an order made at chambers, discharging an order for the arrest of the defendant made under the third subdivision of section 179 of the Code of procedure. The defendant had been arrested under that order, and imprisoned for default of bail. The action was brought, in form, for the recovery of the possession of personal property. The plaintiff, claiming a delivery of the property, placed in the hands of the sheriff an affidavit and a requisition for its delivery pursuant to sections 207 and 208 of the Code, with the proper security. The sheriff certified that the property…
1Opinion of the Court
By the Court,
Sandford, Justice.
The first question arising on this appeal, is whether the plaintiff can bring an action “ to recover the possession of personal property” in a case like this. By his own showing, the defendant parted "with the property long before the suit was commenced; and whatever it may be called, the suit is really one to recover damages for the conversion of the property. We have examined the subject with much care and are clearly of the opinion that the plaintiff is not entitled to the remedy which he claimed and which was granted to him by the order at chambers.
That…
2Cited by11 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Nichols v. MichaelNew York Court of Appeals · 1861
- Brockway v. BurnapNew York Supreme Court · 1851
- Davis v. RandolphMissouri Court of Appeals · 1877
- Ellis v. LersnerNew York Supreme Court · 1867
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