Corn Exchange Bank v. Blye
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 8, 1886, which affirmed an order of Special Term denying a motion on the part of plaintiff to set aside an undertaking given hy the defendant, for the purpose of reclaiming property replevied herein. The material facts are stated in the opinion. A proceeding to replevy a chattel, or to reclaim a chattel replevied, must be invoked and perfected, if at all, before judgment.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 8, 1886, which affirmed an order of Special Term denying a motion on the part of plaintiff to set aside an undertaking given hy the defendant, for the purpose of reclaiming property replevied herein. The material facts are stated in the opinion. A proceeding to replevy a chattel, or to reclaim a chattel replevied, must be invoked and perfected, if at all, before judgment. (Code of Civ. Pro., §§ 1694, 1703, 1704, 1717.) The right of the defendant to the delivery of the property to him was…
1Per curiam
The plaintiff brought an action to recover of the defendant certain bonds, and caused to be executed and delivered to the sheriff a proper undertaking and requisition to take possession of the same pending the action. This was executed October* 31, 1885. On November 5, 1885, the cause came on for trial, and a verdict was directed in favor of plaintiff, and a. judgment entered thereon, which judgment, together with a notice of entry, was duly served upon defendant, November 7, 1885. The defendant, within the time prescribed, served an undertaking to reclaim the bonds, with notice of…
2Cited by6 opinions
- The Clara A. McIntyreDistrict Court, E.D. North Carolina · 1899
- Swasey v. AdairCalifornia Supreme Court · 1891
- Bank of Utica v. Castle Ford, Inc.New York Supreme Court · 1968
- Rich v. ConleyNew York Supreme Court · 1899
- Clemmons v. GordonCity of New York Municipal Court · 1902
1 more not listed; retrieve them via the Exa API.