Firestone v. Ǣtna Indemnity Co.

Appellate Terms of the Supreme Court of New York

Firestone v. Ǣtna Indemnity Co.

122 N.Y.S. 235

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 8, 1910

StatusPublished

This text of 122 N.Y.S. 235 (Firestone v. Ǣtna Indemnity Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Firestone v. Ǣtna Indemnity Co., 122 N.Y.S. 235 (N.Y. Ct. App. 1910).

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Opinion

GAVEGAN, J.

The judgment was had upon an indemnity bond,, which was given by the defendant upon a writ of replevin. The writ was subsequently vacated by the court below, and, although the order vacating the writ and the papers upon which it was granted were offered in evidence, they are not in the return before this court, and without them it is impossible for this court to intelligently decide the appeal.

We direct, therefore, that the case be returned to the court below,, and that the return be completed and presented to the court at the next term. All concur.

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GAVEGAN, J.

The judgment was had upon an indemnity bond,, which was given by the defendant upon a writ of replevin. The writ was subsequently vacated by the court below, and, although the order vacating the writ and the papers upon which it was granted were offered in evidence, they are not in the return before this court, and without them it is impossible for this court to intelligently decide the appeal.

We direct, therefore, that the case be returned to the court below,, and that the return be completed and presented to the court at the next term. All concur.

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Bluebook (online)

122 N.Y.S. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firestone-v-tna-indemnity-co-nyappterm-1910.