Barnett v. . Selling
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion on behalf of defendant to vacate an order of arrest herein. (Reported below, 9 Hun, 236.) This was an action of replevin, plaintiff claiming to recover the possession of twelve bales of tobacco, and a check drawn by him for $2,000. The order of arrest was granted under subdivision 3 of section 179 of .the Code.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion on behalf of defendant to vacate an order of arrest herein. (Reported below, 9 Hun, 236.) This was an action of replevin, plaintiff claiming to recover the possession of twelve bales of tobacco, and a check drawn by him for $2,000. The order of arrest was granted under subdivision 3 of section 179 of .the Code. The affidavits upon which the order of arrest was granted, set forth in substance, among other things, that defendant, before the…
1Opinion of the CourtAllen, J.
For all the purposes of this appeal it must be assumed that replevin, as a substitute for the action of detinue, now obsolete, will lie,» although the defendant has parted, with the possession of the property, and the same is beyond the reach of the process of the court, so that in no event can a return of the property be had, either in virtue of the “ claim and demand” of the plaintiff, or any judgment that may be given in the action. (Nichols v. Michael, 23 N. Y., 264.) The subdivision (3) of the section (179) of the Code, under which the order of arrest was made in the case, was amended in…
2Cases cited1 opinion
- Nichols v. . MichaelNew York Court of Appeals · 1861
3Cited by27 opinions
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Redmond v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Haas v. AltieriNew York Court of Common Pleas · 1893
- Starke v. PaineWisconsin Supreme Court · 1893
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