Seaman v. Luce
New York Supreme Court
HIS was an action of replevin. The plaintiff claimed to be the owner of the property and that the same was exempt from levy and sale on execution, under the act of 1842, exempting necessary household furniture and working tools and team. The defendant justified the taking of the property, as a constable, in virtue of two executions against the plaintiff, one in favor of Tracy Beadle and the other in favor of Joseph Harris.
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HIS was an action of replevin. The plaintiff claimed to be the owner of the property and that the same was exempt from levy and sale on execution, under the act of 1842, exempting necessary household furniture and working tools and team. The defendant justified the taking of the property, as a constable, in virtue of two executions against the plaintiff, one in favor of Tracy Beadle and the other in favor of Joseph Harris. The jury, under the charge of the judge, found that the property was not exempt, and that the plaintiff had no cause of action against the defendant for levying on it. The…
1Opinion of the CourtMason, J.
The judge at the circuit was right in directing judgment to be in the alternative. The code has changed the law upon this subject, and where, in an action for the recovery of personal property, the property is delivered to the plaintiff and he fails in the action, the defendant cannot now have a judgment for a return of the property, or a judgment for its value, at his election. But he must, under section 277 of the code, take a judgment in the alternative, for the return of the property, or for the value thereof as assessed, in case a return cannot be had. (Dwight v. Enos & Jones, Seld.…
2Cases cited4 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
- Church v. LandersNew York Supreme Court · 1833
- Willson v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by15 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Hall v. JennessSupreme Court of Kansas · 1870
- Twinam v. SwartNew York Supreme Court · 1871
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