Legal Opinion

Terhune v. Dunn

City of New York Municipal Court

Decided May 15, 1898Published

This is an appeal from an order substituting the indemnitors of the sheriff in his place as defendants herein -under section 1421 of the Code, of Civil Procedure.

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This is an appeal from an order substituting the indemnitors of the sheriff in his place as defendants herein -under section 1421 of the Code, of Civil Procedure. On or about January 3, 1898, two executions were issued against the property of Alfred Ebenstein in favor of Louis Levy, one for the sum of $127.29 and the other for $1,527.50. The sheriff levied, under and by virtue of said execution?, upon certain property, some of which was afterwards claimed by the plaintiff herein, and this action in replevin to recover possession of some of said property so levied upon was commenced. - This…

1Per curiam

The order appealed from is affirmed, with costs. Jakobi v. Gorman, 2 Misc. Rep. 190; Hart v. Sexton, 11 id. 446; Ullman v. Gorman, 21 App. Div. 616; Rosenblum v. Gorman, 21 id. 618.

Present: Fitzsimons, Oh. J., Conlax and Sohuchman, JJ.

Order affirmed, with costs.

2Cases cited2 opinions

  1. Jakobi v. GormanNew York Court of Common Pleas · 1893
  2. Ullman v. GormanAppellate Division of the Supreme Court of the State of New York · 1897

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