Dunham v. Wyckoff
New York Supreme Court
Demurrer to plea. The plaintiff declared in replevin for taking a quantity of household furniture, averring the same to ]je his goods and chattels. The defendant avowed the talc,- . , mg as sheriff of the county of Kings by virtue of a writ of tes¿afum fieri facias in a suit of R. Wells against Daniel S. Gris-wold as the goods and chattels of Griswold, the same being ™ possession of Griswold. The plaintiff demurred to this avowry, and the defendant joined.
1Opinion of the Court
*281By the Court,'
Savage. Ch. J.
By the pleading it is admitted that at the time of the taking, the property was in the plaintiff, and the possession in Griswold, the defendant in the execution; and the question is, whether replevin lies'? Since the case of Pangburn v. Patridge, (7 Johns. R. 142,) it has been settled that replevin lies where trespass de bonis asportatis will lie. The plaintiff must have property general or special, and possession either actual or constructive. In Thompson v. Button, (14 Johns. R. 84,) Chief Justice Thompson lays down the broad proposition, that as a general…
2Cases cited1 opinion
- Hall v. TuttleNew York Supreme Court · 1829
3Cited by19 opinions
- Allen v. CraryNew York Supreme Court · 1833
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Rogers v. . WeirNew York Court of Appeals · 1866
- Brockway v. BurnapNew York Supreme Court · 1851
- Brockway v. BurnapNew York Supreme Court · 1853
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