Stauff v. Maher
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Fourth District Court. The action was brought to recover possession of personal property, under section 206 of the Code of Procedure, The complaint demanded judgment, “that the defendant be adjudged to deliver to plaintiff the said property, and to pay him $50 damages for the detention thereof.” The summons was for the relief demanded in the complaint, and for judgment “ for $250 for keeping and detaining personal property.”
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Appeal by the defendant from a judgment of the Fourth District Court. The action was brought to recover possession of personal property, under section 206 of the Code of Procedure, The complaint demanded judgment, “that the defendant be adjudged to deliver to plaintiff the said property, and to pay him $50 damages for the detention thereof.” The summons was for the relief demanded in the complaint, and for judgment “ for $250 for keeping and detaining personal property.” It appeared on the trial that the defendant had refused to deliver the property to the marshal, who was required, by the…
1Opinion of the Court
By the Court.—Daly, F. J.
By the act of April 24, 1862, § 17, (Laws of 1862, p. 975), the provisions of the Code, from section 206 to 217, inclusive, are applied to the Marine and District Courts. These provisions in the Code were designed to be a substitute for the former action of replevin, but not wholly so, for they do not constitute a complete system; and as it was manifestly not the intention of the legislature to lessen the remedy afforded by that action, the law, as it existed before, is in force, and may be resorted to in contingencies'for which the Code has made no provision (Roberts…
2Cases cited5 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
- Bruce v. LearnedMassachusetts Supreme Judicial Court · 1808
- Brockway v. BurnapNew York Supreme Court · 1853
- Wood v. KellyNew York Court of Common Pleas · 1859
3Cited by4 opinions
- Bracken v. Atlantic Trust Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Conklin v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1899
- Wolf v. FarleyNew York Court of Common Pleas · 1891
- Kurzweil v. Story & Clark Piano Co.New York Surrogate's Court · 1916