Christie v. Corbett
New York Supreme Court
Motion for a new trial upon exceptions first heard at general term. Action to recover the possession of a horse, the property of the plaintiff, wrongftdly- detained by the defendant. The defendant took possession of the horse about October 37, 1866, and retained him about a week. Theplaintiff demanded the horse two or three times, and the defendant refused to deliver him up. The plaintiff) on Satin-day, November 3d, caused his attorney to prepare* the papers in this action.
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Motion for a new trial upon exceptions first heard at general term. Action to recover the possession of a horse, the property of the plaintiff, wrongftdly- detained by the defendant. The defendant took possession of the horse about October 37, 1866, and retained him about a week. Theplaintiff demanded the horse two or three times, and the defendant refused to deliver him up. The plaintiff) on Satin-day, November 3d, caused his attorney to prepare* the papers in this action. The papers were delivered to the sheriff for service, between six and seven o’clock in the evening, in Batavia. The next…
1Opinion of the Court
By the court, Marvin, J.
By the Code (§ 99), the action is commenced when the summons is served. At the time this action was commenced, the horse was in the actual pos*24session of the plaintiff. The defendant had returned the horse, and made no further claim to detain him. It seems to me that this simple statement must decide the case. The action was to recover the possession of the horse, wrongfully detained. At the time the action was commenced, the wrongful detention had ceased, and the plaintiff was in full possession of his property. As I understand it, the learned justice at the circuit…
2Cited by2 opinions
- Jawitz v. ReitmanAppellate Terms of the Supreme Court of New York · 1926
- Mahr v. LivingstoneNew York Supreme Court · 1907