People ex rel. Lownds v. New-York Common Pleas

By the Court, Savage, Ch. J.

This is a motion for a mandamus to the New-York common pleas, commanding them to vacate a rule setting aside the default of the plaintiff jn an action of replevin, for not answering the defendant’s avowry. One Bernard Bagley brought replevin against Oliver M. Lownds, the relator, for certain specified articles 0f property. To the plaintiff’s declaration, the defendant p¡ea¿ej5 \ jVbjj cepit; %. That the goods in question were property of Richard Pettit; and 3. Avowed the taking as sheriff of New-York, by virtue of executions against Pettit, and averred that the…