Porter v. Willet
The Superior Court of New York City
Appeal from an adjustment of costs. This was an action by James L. Porter against James C. Willet, sheriff, &c., for the wrongful taking and detaining from the plaintiff of one thousand pounds of brass kettles, six barrels of sad-irons, four sets of tinners’ tools, and two casks of hollow ware, of the value of $750. The plaintiff claimed a delivery of the goods, or if a delivery could not he had, then to recover their value.
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Appeal from an adjustment of costs. This was an action by James L. Porter against James C. Willet, sheriff, &c., for the wrongful taking and detaining from the plaintiff of one thousand pounds of brass kettles, six barrels of sad-irons, four sets of tinners’ tools, and two casks of hollow ware, of the value of $750. The plaintiff claimed a delivery of the goods, or if a delivery could not he had, then to recover their value. The defendant denied property in the plaintiff: he also denied the wrongful taking, and justified the taking, under several executions against one Thomas Smith. It was…
1Opinion of the CourtMonell, J.
Upon the cases of Seymour a. Billings (12 Wend., 285); Rogers a. Arnold (Ib., 288, note); Johnson a. Fellows (6 Hill, 353), and Hull a. Halsted (1 How. Pr., 174), the defendant is entitled to costs in this action, unless the changes produced by the Code have taken from them their weight of authority.
The action of replevin before the Code was regulated by statute (2 Rev. Stat., 521), which prescribed the form of the writ, declaration, and pleas. The writ was either for the taking and unjust detention, or for the unjust detention only, or for both the wrongful taking and detention. Where the…
2Cases cited3 opinions
- Seymour v. BillingsNew York Supreme Court · 1835
- Decker v. . GardinerNew York Court of Appeals · 1853
- Hull v. HalstedNew York Supreme Court · 1845
3Cited by2 opinions
- Postell v. ChapmanSupreme Court of Georgia · 1888
- Lanyon v. WoodwardWisconsin Supreme Court · 1886