Legal Opinion

Smith v. A. J. Walker-Stoops Co.

Appellate Terms of the Supreme Court of New York

Decided October 16, 1911Published

Appeal from City Court of New York, Special Term. Action by Amber C. Smith against the A. J. Walker-Stoops Company. Prom an order of the City Court, denying a motion to retax costs, defendant appeals. Affirmed.

1Opinion of the CourtSeabury, J.

The defendant appeals from an order denying a motion to retax the costs awarded to the plaintiff. The action was in replevin, and under the writ issued in the action the sheriff took possession of an automobile. No- bond having been given, the sheriff held the possession of the automobile pending the termination of the action. After a trial in the City Court of the City of New York, the automobile was awarded to the plaintiff, together with $150 as damages for its detention. The jury by their verdict did not fix the value of the automobile itself, but no objection seems to have been taken to…

2Cases cited1 opinion

  1. Hill v. KannAppellate Terms of the Supreme Court of New York · 1906

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