Savell v. Gasler

76 N.Y. Sup. Ct. 613 Court N.Y. Sup. Ct. English

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p. 613

John Savell, Respondent, v. James Gasler, Appellant.

Judgment and order reversed on the exceptions and a new trial ordered, with costs to abide the event. Held, that at the time of the seizure the plaintiff had not the right to reduce the property into his possession, and, therefore, replevin is not maintainable (Code, § 1690, subd. 3; Savell v. Waful, 21 N. Y. Civ. Pro. Rep. 18; S. C., 63 Hun, 627 .)