Wehle v. . Butler
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 3 J. & S., 1.) This action was brought to recover damages for the alleged unlawful taking and carrying away of a stock of goods belonging to plaintiff. The facts appear sufficiently in the opinion. Defendants in taking the goods were trespassers.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 3 J. & S., 1.) This action was brought to recover damages for the alleged unlawful taking and carrying away of a stock of goods belonging to plaintiff. The facts appear sufficiently in the opinion. Defendants in taking the goods were trespassers. (Lyon v. Yates, 52 Barb., 237; Kerr v. Mount, 28 N. Y., 659; Chapman v. Dyett, 11 Wend., 31; Smith v. Shaw, 12 J. R., 257.) It was no defence that after the attachments in the…
1Opinion of the Court
Reynolds, C.
The stock of goods of the plaintiff was, near midnight on the 8th day of December, 1869, under several attachments issued out of the Marine Court of the city of Mew York, at the instigation of the defendants, seized and carrjed away, by the sheriff of that city, or by one of his deputies aided by a sort of posse commitatus, of which the defendants may be said to have formed a part. The attachments under which this proceeding was conducted were either irregular or void, and two days afterwards vacated by the court, from which they issued. To whatever extent they inay have protected…
2Cases cited6 opinions
- Kerr v. . MountNew York Court of Appeals · 1863
- Ball v. . LineyNew York Court of Appeals · 1871
- Higgins v. WhitneyNew York Supreme Court · 1840
- Otis v. JonesNew York Supreme Court · 1839
- Lyon v. YatesNew York Supreme Court · 1868
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3Cited by25 opinions
- Wehle v. . HavilandNew York Court of Appeals · 1877
- Dyett v. . HymanNew York Court of Appeals · 1891
- Stump v. PorterSupreme Court of Oklahoma · 1912
- R. Muñiz de León & Co., S. en C. v. Melón Hnos. & Cía., S. en C.Supreme Court of Puerto Rico · 1940
- T. W. Warner Co. v. AndrewsCourt of Appeals for the Second Circuit · 1934
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