Code Practice in Personal Actions; An Elementary Treatise Upon the Practice in a Civil Action, as Governed by the Provisions of the New York Code of Civil Procedure

Code Practice in Personal Actions; An Elementary Treatise Upon the Practice in a Civil Action, as Governed by the Provisions of the New York Code of Civil Procedure

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...answer expires (29 State R. 773). It has been said that a general appearance by defendant waives an irregularity in the replevin proceedings (1 Abb. Pr. 248), but the proceedings for replevin are a mere incident in the action, and there seems to be no reason why a general appearance should have the effect claimed. See /lleAdam v. Walbrau, 8 Civ. Pro. 451. On a motion to vacate, the proceedings may be amended. MeAda//z v. Walbrau, supra. 3o3. How the chattel is to be replevied. (Co. Civ. P. 1698, 1700, 17o1.)--The sheriff can take the property from the possession of the defendant or his agent. Otis v. IVz'llz'ams, 7o N. Y. 208. He cannot take it from the possession of a third party not a defendant, although the particular property is found in his possession. Stimpson v, Reynolds, 14 Barb. 506. See 2 Civ. Pro. 259; 73 N. Y. 45. The sheriff as at common law has the authority to break into a building, even a private dwelling, to make a replevy, and this authority is now expressly conferred by statute ( 1701). The requirement of the statute that the sheriff must first publicly demand the delivery of the property does not render necessary that he should make a demand upon the person in possession elsewhere than at the building where the goods are, and if there is no person there upon whom a demand can be made, no demand need be made. Hozue v. Oyer, 50 Hun 559. 304, 305. now REPLEVIED CHATTEL KEPT. 273 304. How replevied chattel kept. (Co. Civ. P. 1702.)--The sheriff is entitled to compensation for taking care of the replevied goods, the amount to be fixed by the court in which the action is pending, or a judge thereof, or a county judge ( 3307). Nester V. Bz'.rclzof, 20 Civ. Pro. 12. The sheriff is...show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236940911
  • 9781236940919