Snow v. Roy
New York Supreme Court
Motion to set aside a default and subsequent proceedings for not declaring in an action of replevin. The plaintiffs sued out a writ of replevin against the defendants to the sheriff of Monroe, for taking and detaining various articles of merchandize, returnable in October term, 1837, on which the sheriff took' and delivered to*the plaintiffs property subsequently valued at $508,21, and made return thereof, and that he could not find tfe residue of the property directed to be…
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Motion to set aside a default and subsequent proceedings for not declaring in an action of replevin. The plaintiffs sued out a writ of replevin against the defendants to the sheriff of Monroe, for taking and detaining various articles of merchandize, returnable in October term, 1837, on which the sheriff took' and delivered to*the plaintiffs property subsequently valued at $508,21, and made return thereof, and that he could not find tfe residue of the property directed to be replevied, nor could he find the defendants. The summons for the defendants was delivered to assignees of the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
At common law, if the sheriff returned to the pluries writ of replevin, that the cattle were eloigned, a capias in withernam issued to take other beasts of the defendant in lieu of those withheld; or the plaintiff might proceed, and recover damages for the value and detention. Gilbert on Rep. 79, 125, 6. Wilk. on Rep. 20. Watson on Sheriff, 215. Our statute, 2 R. S. 439, § 64, has abolished this writ, and substituted therefor the taking of the body of the defendant as on a capias ad respondendum, p. 432, § 11, and a clause to this effect is now inserted in the writ…
2Cited by9 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Nichols v. MichaelNew York Court of Appeals · 1861
- Brockway v. BurnapNew York Supreme Court · 1853
- McBrian v. MorrisonMichigan Supreme Court · 1884
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