Richardson v. A.C. Bosselman & Co.

Decision Date10 June 1907
Citation164 F. 781
PartiesRICHARDSON v. A. C. BOSSELMAN & CO. et al.
CourtU.S. District Court — Southern District of New York

Philip J. McCork, for plaintiff.

Rudolph Marks, for defendants.

LACOMBE, Circuit Judge.

The motion to vacate writ and set aside service is denied. Although 'in the nature of replevin,' it is not strictly a writ of replevin, and not to be rendered inoperative by the technical provision of state practice. See American Tobacco Co. v. Werckmeister, 146 F. 375, 76 C.C.A. 647.

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1 cases
  • Stern v. Jerome H. Remick & Co.
    • United States
    • U.S. District Court — Southern District of New York
    • October 27, 1908
    ...the action, as the defendant is liable thereto.' The practice followed by the plaintiffs conformed to the proceedings in Richardson v. Bosselman, 164 F. 781, in which Judge Lacombe refused to vacate the writ of because it issued and the seizure was made before the summons was taken out. Mot......

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