Levy v. Hohweisner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Levy, from. a judgment of the Municipal Court of the city of New York in favor off the defendants, entered on the' 28tli day of July, 1904, awarding them possession and costs in a replevin suit.
1Opinion of the Court
Jenks, J.:
We think that in the absence of the plea"authorized by section 117 of the Municipal Court Act,* and of any proof that the defendants had required a return, of the chattel, the final judgment in this action cannot award possession of the chattel to the defendants. *83(Mun. Ct. Act, § 123.) The judgment, however, may be- modified on this appeal. (Mun. Ct. Act, § 310; Christiansen v. Mendham, 45 App. Div. 554; Fitzhugh v. Wiman, 9 N. Y. 559.)
The defendants under their answer of. title in a third'person Were entitled to offer evidence of the title of Walker, and consequently, to call…
2Cases cited4 opinions
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- Brady v. BeadlestonNew York Supreme Court · 1891
- Christiansen v. MendhamAppellate Division of the Supreme Court of the State of New York · 1899
- Shepherd v. MoodheNew York City Court · 1894
3Cited by4 opinions
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1943
- Beck v. SchneiderAppellate Terms of the Supreme Court of New York · 1914
- Dunn v. FieldAppellate Terms of the Supreme Court of New York · 1908
- Railroad Waterproofing Corp. v. Memphis Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 1950