Kram v. Adler

Appellate Terms of the Supreme Court of New York

Kram v. Adler

126 Misc. 179, 212 N.Y.S. 727, 1925 N.Y. Misc. LEXIS 1157

Appellate Terms of the Supreme Court of New York·Decided December 10, 1925·Published·Cited by 1 cases

Opinion

Per Curiam.

Plaintiff issued a requisition in replevin which, with the summons and complaint in the appropriate action were served upon defendant by a marshal. The marshal’s return shows, and the testimony demonstrates, that the chattels mentioned in the requisition had been leased to a third party.

Under those circumstances defendant could not have been guilty of contempt of court for having “ wilfully disobeyed the writ of replevin * * * in that he failed to turn over [to the marshal] * * * the chattels therein described and enumerated.”

Order reversed, with ten dollars costs, and motion denied, with ten dollars costs.

All concur; present, Bijur, Levy and Churchill, JJ.

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Per Curiam.

Plaintiff issued a requisition in replevin which, with the summons and complaint in the appropriate action were served upon defendant by a marshal. The marshal’s return shows, and the testimony demonstrates, that the chattels mentioned in the requisition had been leased to a third party.

Under those circumstances defendant could not have been guilty of contempt of court for having “ wilfully disobeyed the writ of replevin * * * in that he failed to turn over [to the marshal] * * * the chattels therein described and enumerated.”

Order reversed, with ten dollars costs, and motion denied, with ten dollars costs.

All concur; present, Bijur, Levy and Churchill, JJ.

Kram v. Adler, 126 Misc. 179, 212 N.Y.S. 727, 1925 N.Y. Misc. LEXIS 1157 (N.Y. Ct. App. 1925).

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Opinion

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