Volume 2 — New York Transcript Appeals (1867–1868)

<p>Mcecutor — Practice—Replevin or Detinue for goods taken away — Goods sold— what action. Death of Plaintiff- — Abatement of action — 2 R. 8. p. 386.- — Code, § 121.</p> <p>If goods taken away continue in specie in the Rands of the wrong-doer, re-plevin or detinue will lie for the executor to recover them back. Or if they have been sold, an action for money had and received may be had to recover the value thereof. And by provision of the Revised Statutes (2 R. S. p. 386, § 2), where there is but one plaintiff in an action, if he die after interlocutory judgment and before a filial judgment obtained, such action will not abate, if it be such an one as might originally have been prosecuted by the executors or administrators of such plaintiff.</p>

<p> Habeas Corpus, City Judge of New York City cannot issue Out of Court. </p> <p>The City Judge of New York city is not authorized by any existing law of this Slate, out of court, to allow and issue the writ of habeas corpus.</p>

<p>Debtor and Creditor — Satisfaction-piece delivered by Mistake set aside when.</p> <p>Where, by an agreement between a judgment creditor and a judgment debtor, a satisfaction of the judgment is to be entered upon the performance by the Defendant of the terms of the agreement, and the satisfaction-piece, by mistake, is delivered to the Defendant, who causes the same to be filed, but neglects or refuses to perform the conditions upon which said satisfaction was to be entered, the Court, on proper application, will set aside the satisfaction, and restore the judgment to its original force.</p>