Cowden v. Pease
New York Supreme Court
Declaration on replevin bond. The plaintiff declared as the assignee of a replevin bond, alleged to have been executed on the first day of June, 18S0. He set forth the issuing of a writ of replevin, that by virtue thereof, the sheriff took the goods and chattels in the writ specified out of the custody of the defendant in the same ; that at the July term, 1830, of this court, the plaintiff in the replevin suit was non-prossed, and judgment of return of the goods was awarded…
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Declaration on replevin bond. The plaintiff declared as the assignee of a replevin bond, alleged to have been executed on the first day of June, 18S0. He set forth the issuing of a writ of replevin, that by virtue thereof, the sheriff took the goods and chattels in the writ specified out of the custody of the defendant in the same ; that at the July term, 1830, of this court, the plaintiff in the replevin suit was non-prossed, and judgment of return of the goods was awarded in favor of the defendant. He then averred that no return of the goods had been made to the defendant in the replevin…
1Opinion of the Court
By the Court,
Nelson, J.
The defendant’s counsel admits the plea to be bad, but insists that the declaration is defective . in not averring the issuing of a writ of retomo habendo, and that the same was returned unsatisfied, and reposes himself upon the provisions of the revised statutes as found in 2 R. S. 533, § 64. Such averment was not necessary previous to the revised statutes, 3 Wendell, 54; and they do not alter the form of pleading in replevin, as the condition of the bond is substantially the same as prescribed by the former statute, 1 R. L. 92, 3, § 4,8, and 2 R. S. 523, § 7. Under…
2Cases cited1 opinion
- Gould v. WarnerNew York Supreme Court · 1829
3Cited by4 opinions
- Cowdin v. StantonNew York Supreme Court · 1834
- Montgomery v. EllisNew York Supreme Court · 1851
- Gallarati v. OrserThe Superior Court of New York City · 1859
- Wilson v. WheelerNew York Supreme Court · 1851