Hayes v. . Davidson
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court, in the first judicial department, made November 24, 1884, affirming an order of Special Term, granting a motion on the part of various indemnitors of defendant, as sheriff,.to be substituted in his stead as defendants herein.
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Appeal from order of the General Term of the Supreme 'Court, in the first judicial department, made November 24, 1884, affirming an order of Special Term, granting a motion on the part of various indemnitors of defendant, as sheriff,.to be substituted in his stead as defendants herein. (Reported below, 34 Hun, 243.) This action was brought to recover damages for an alleged unlawful taking of a stock of goods and fixtures to which plaintiff claimed title under and by virtue of assignment for benefit of creditors. The property was levied upon by the defendant, as sheriff, by virtue of various…
1Opinion of the Court
Huger, Ch. J.
This is an appeal from an affirmance by the General Term of an order of the Special Term discharging the sheriff from his liability to the plaintiff for an alleged trespass in seizing and converting property, and substituting in his place as defendant several persons who claimed to have indemnified the sheriff for his acts in seizing the property. The motion was made under the provisions of the Code of Civil Procedure embraced in the several sections numbered 1421 to 1427, inclusive. Section 1421 reads as follows: “ When an action to recover a chattel hereafter levied upon by…
2Cases cited3 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Sprague v. BirdsallNew York Supreme Court · 1823
- Peck v. AckerNew York Supreme Court · 1839
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