Hyperlawhypertext legal database Sawyer v. Sickles 35 N.Y.S. 1116

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Sawyer v. Sickles

35 N.Y.S. 1116 Court N.Y. City Ct. Decision date 1895-11-26 English

Delivered by McCARTHY, J.

Contents

Majority

p. 1116
SAWYER et al., Respondents, v. SICKLES, Sheriff, Appellant.
(City Court of New York, General Term.
November 26, 1895.)

Headnote

Action by Joseph Sawyer, Joseph D. Sawyer, John B. Manning, and Thomas F. Patterson against Daniel E. Sickles, as sheriff of the city and county of New York.
Hays & Greenebaum, for appellant. Gruber, Bard & Landon, for respondents.

If this matter came up under the old procedure, I feel the appellant would be correct. The only guide as to the cause of action is the complaint, no matter what provisional remedy may have been used. The appellant may move to set aside whatever steps have been taken in the direction of replevin on the ground that the action is one of conversion. Under the liberal construction placed on pleadings, we see no other way. Order affirmed. No costs.