Hedges v. Payne
New York Supreme Court
Appeal from special term, New York county. Action by James Hedges against William H. Payne and another to recover possession of personal property. Prom an order allowing a supersedeas and relieving defendant William H. Payne from imprisonment under an order of arrest and execution against Ms person, plaintiff appeals. Reversed.
1Opinion of the CourtVan Brunt, P. J.
This action was begun in the year 1888, to recover possession of certain personal property, or the value thereof, in case delivery could not be had. On the 12th of January, 1888, an order of arrest was issued against the defendant Payne, and he was arrested thereunder. Subsequently Payne gave an undertaking under subdivision 2 of section 575 of the Code of Civil Procedure, the defendant having been released by the sheriff previously under an improper undertaking. The defendant Payne having answered, the issues thus raised were tried, and a verdict rendered for the plaintiff, on the 10th of…
2Cases cited1 opinion
- Hedges v. PayneNew York Supreme Court · 1892