Schwietering v. Rothschild
Appellate Division of the Supreme Court of the State of New York
Aepeal by the defendant, David J. Lees, receiver, etc,, from an order of the Supreme Oourt, made at the New York Special Term and entered in the office of the clerk of the county oí New York on the 2d day of December, 1897, denying his motion to vacate and set aside a requisition in replevin on the ground of the insufficiency of the affidavit in relation to the description of the property sought to be replévined. ' •
1Opinion of the Court
Van Brunt, P. J.:
The affidavit upon which the requisition was issued was clearly defective. Section 1695 of the Code of Civil Procedure requires that the affidavit to -be delivered to the sheriff must particularly describe the chattel to be replevied. The affidavit does not describe the property. It simply refers to some pieces and numbers of yards and other unintelligible numbers. There is nothing whatever to designate the property, or to indicate to the sheriff what property was to be taken under the writ. It is necessary that this provision, should be complied with in order that the…
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