History
  • No items yet
midpage
Devoe v. Selig
25 Misc. 411
| City of New York Municipal Cou... | 1898
|
Check Treatment
Schuchman, J.

The chattels are described as follows: Eleven cotton linings, 610 1-4 yds.; 9 cotton linings, 459 yds.; 3 6-4 woolen cloth, 2014-8 yds.

This description is not sufficient to enable the sheriff to determine from it, with some degree of accuracy and intelligence, what he was required to replevy. Van Dyke v. N. Y. State Banking Co., 18 Misc. Rep. 661; 77 N. Y. St. Repr. 736; Schweitering v. Rothschild, 84 N. Y. St. Repr. 206.

In the case of McCarthy v. Ockerman, 154 N. Y. 565, the Court of Appeals held the description sufficient, hut that one is different from the one under consideration. Ho amendment of the affidavit can he allowed on this appeal; because the appeal papers .do not show or recite that the same was asked for on the argument of the motion.

*412Order reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

Oloott, J., concurs.

Order reversed, with $10 costs, and motion granted, with $10 costs.

Case Details

Case Name: Devoe v. Selig
Court Name: City of New York Municipal Court
Date Published: Dec 15, 1898
Citation: 25 Misc. 411
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.