Baker v. M'Duffie
New York Supreme Court
Error from the Albany common pleas. M’Duffie sued Baker in an action of replevin, for detaining certain articles of silver ware. The defendant pleaded non detinet, and gave notice of special matter.
Read the full summary
Error from the Albany common pleas. M’Duffie sued Baker in an action of replevin, for detaining certain articles of silver ware. The defendant pleaded non detinet, and gave notice of special matter. On the trial of the cause the plaintiff proved that he had been sheriff of the county of Albany, and whilst such sheriff a writ of replevin was issued *from the Albany mayor’s court at the suit of one Little against [ *290 ] Baker, the plaintiff in error, for the same articles of silver ware claimed by him; and that the writ was put into the hands of his under sheriff, who called upon Baker to…
1Opinion of the Court
Nelson, Ch. J.
By the Court, It was competent for Baker to waive the regular steps necessary to seize the property under the writ of replevin, so far as he was concerned ; and, therefore, his refusal to deliver the property after the inquisition, was wrongful. Third persons would have been unaffected by the understanding, but he was concluded. A levy under a fi.fa. may be valid as against the defendant, without the property being in view of the officer, if assented to. 19 Wendell, 495 ; 11 id. 551. Assuming the property to have been in the possession of the deputy, under the writ agreeably to…
2Cited by15 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
- Governor v. BancroftSupreme Court of Alabama · 1849
- Lummis v. KassonNew York Supreme Court · 1864
- Martin v. BarneySupreme Court of Alabama · 1852
10 more not listed; retrieve them via the Exa API.