Atkins v. . Saxton
New York Court of Appeals
• Appeal from judgment of the General Term of the /; Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as sheriff of Ulster county, to recover possession of a quantity of brandy and thirty-six cords of wood which the complaint alleged had been wrongfully taken by defendant.
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• Appeal from judgment of the General Term of the /; Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as sheriff of Ulster county, to recover possession of a quantity of brandy and thirty-six cords of wood which the complaint alleged had been wrongfully taken by defendant. Plaintiff claimed the delivery of the property, and it was taken from, defendant’s possession and delivered to plaintiff. Defendant justified the taking under two attachments against Benjamin E. Atkins, who, the…
1Opinion of the CourtKapallo, J.
The defendant justified the taking of the property in controversy under two attachments against Benjamin F. Atkins. The property, when seized by the sheriff, was in the possession of the plaintiff and the only title that Benjamin F. Atkins appears to have ever had thereto was as a c-opartner with the plaintiff. The seizure was made on the 17th of August, 1875, and the plaintiff produced evidence on the trial showing that in the preceding May or June the co-partnership between her and Benjamin F. Atkins had been dissolved, and the personal property of the firm, consisting of about 116 casks of…
2Cases cited3 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- McFarland v. WheelerNew York Supreme Court · 1841
- Wheeler v. M'FarlandNew York Supreme Court · 1833
3Cited by23 opinions
- Hutchinson v. DuboisMichigan Supreme Court · 1881
- Beal v. CarpenterCourt of Appeals for the Eighth Circuit · 1916
- Jacobs v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Liverpool, Brazil & River Platte Navigation Co. v. Agar & LelongU.S. Circuit Court for the District of Eastern Louisiana · 1882
- Bates v. CallenderSupreme Court Of The Territory Of Dakota · 1883
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