Smith v. Snyder
New York Supreme Court
Error from the Erie common pleas. Snyder brought replevin for a one horse wagon. The defendant pleaded non cepit, and accompanied the same with a notice that he would prove on the trial that before the,commencement of the plaintiff’s suit, to wit, on, fee., he, the defendant, sued out a plaint in replevin against the plaintiff for the same wagon, which was taken by the sheriff of Erie, by virtue of such plaint, and delivered to the defendant, in whose possession it remained…
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Error from the Erie common pleas. Snyder brought replevin for a one horse wagon. The defendant pleaded non cepit, and accompanied the same with a notice that he would prove on the trial that before the,commencement of the plaintiff’s suit, to wit, on, fee., he, the defendant, sued out a plaint in replevin against the plaintiff for the same wagon, which was taken by the sheriff of Erie, by virtue of such plaint, and delivered to the defendant, in whose possession it remained until taken by the plaintiff, under color of his writ of replevin ; and that he, the defendant, was lawfully entitled to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This case presents two points : 1. Whether the first writ of replevin justified the defendant below in keeping the wagon in question ? 2. Whether the defendant in replevin can prove property in himself, under the plea of the general issue ? Upon the first question, there cannot be much doubt. The writ was issued and the property taken; but the writ was never served as we are to understand. The •court from which that writ issued, and in which it was returned, ordered all proceedings set aside subsequent to the issuing thereof. Whether the court decided correctly or…
2Cases cited1 opinion
- Dana v. PrescottMassachusetts Supreme Judicial Court · 1804
3Cited by1 opinion
- Jennison v. HaireMichigan Supreme Court · 1874