Spalding v. Spalding
New York Supreme Court
Sill, Justice.—Motion to set aside proceedings to obtain possession of personal property under the 182cZ section of the Code of Procedure. The facts set out in the complaint constitute a cause of action either in trespass or replevin, under the old practice, and prays for damages, and not for the possession or return of the property.
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Sill, Justice.—Motion to set aside proceedings to obtain possession of personal property under the 182cZ section of the Code of Procedure. The facts set out in the complaint constitute a cause of action either in trespass or replevin, under the old practice, and prays for damages, and not for the possession or return of the property. The Plaintiff also made an affidavit which he claims complies with the 182d section of the code, and which shows, among other things, that the property in question was seized by the Defendant, who is sheriff of Niagara county, under an execution against the…
1Opinion of the Court
Sill, Justice.
“The Plaintiff in any action to recover the possession of personal property, may, at the time of commencing the action, claim the immediate delivery of the property, as provided in this chapter.” (Code, § 181.) The chapter then provides a proceeding which is a substitute for the action of replevin—pointing out the mode of “claiming an immediate delivery,” &c. To entitle the party to institute it, he must commence an action to recover the possession of the property which is the subject of the controversy.
The 143d section of the code classifies actions, and declares which may and…
2Cases cited5 opinions
- Kellogg v. SchuylerNew York Supreme Court · 1846
- Hawley v. BatesNew York Supreme Court · 1839
- Milliken v. SelyeNew York Supreme Court · 1846
- Whaling v. ShalesNew York Supreme Court · 1839
- Berrien v. WesterveltNew York Supreme Court · 1834
3Cited by5 opinions
- Chapin v. StateCourt of Criminal Appeals of Texas · 1927
- Hanson v. LanganCity of New York Municipal Court · 1890
- Arthur v. SchrieverThe Superior Court of the City of New York and Buffalo · 1891
- Seymour v. Van CurenNew York Supreme Court · 1859
- Smith v. CollierNew York Supreme Court · 1886