Kerrigan v. Ray
New York Supreme Court
The plaintiff sued for the recovery of the possession of personal property, and in the affidavit, on which was founded the requisition to the sheriff to cause the property to be delivered to him, he enumerated a great number of articles, valuing them at $1,250. In the complaint, he described less than one-fourth of the articles, and valued them at $250. He gave security for the return of the property; and, the defendants having excepted to the sufficiency of the sureties,…
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The plaintiff sued for the recovery of the possession of personal property, and in the affidavit, on which was founded the requisition to the sheriff to cause the property to be delivered to him, he enumerated a great number of articles, valuing them at $1,250. In the complaint, he described less than one-fourth of the articles, and valued them at $250. He gave security for the return of the property; and, the defendants having excepted to the sufficiency of the sureties, the sureties justified in the full amount mentioned in the affidavit. The defendants moved to set aside the complaint for…
1Opinion of the Court
Mitchell, Justice.
Under the old system, such a motion would be granted almost of course. Then the summons, or original writ, on which the action was founded, described the property claimed; and it was a rule that the declaration in all bailable actions should conform to the writ, and as there the ac etiam in the capias showed the true cause of action, and as the original writ equally showed the true cause of action in replevin, there was the same reason for requiring conformity in that case also. But there are several points of difference between the old and new systems, which may make a…
2Cited by1 opinion
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