Gallarati v. . Orser
New York Court of Appeals
Appeal from the Superior Court of the city of Hew York. Action by the assignee of one De Lachapelle. The latter had brought replevin against one Thompson, for certain personal property. The sheriff made return that the property had been concealed or removed, and an order was made for the arrest of Thompson, under subdivision 3, section 179 of the Code.
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Appeal from the Superior Court of the city of Hew York. Action by the assignee of one De Lachapelle. The latter had brought replevin against one Thompson, for certain personal property. The sheriff made return that the property had been concealed or removed, and an order was made for the arrest of Thompson, under subdivision 3, section 179 of the Code. The sheriff took a bond of Thompson and his sureties, in the form prescribed by sections 187, 211. The sureties being excepted to, failed to justify. Judgment was rendered against Thompson, not for a return of the property, and for its value if…
1Opinion of the Court
Denio, Ch. J.
The original plaintiff, having procured proper papers to be prepared for replevying the property, for the recovery of the possession of which the action was brought, and the sheriff having been unable to make replevin, in consequence of the concealment of the property by the defendant, an order for his arrest was obtained, pursuant to section 179, subdivision 3, and section 180, of the Code. The defendant having been arrested under that order, the plaintiff was entitled to an undertaking, with sureties, for the delivery to the plaintiff of the property, the possession of which…
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