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eBook details

• Title: Boley v. Griswold
• Author : United States Supreme Court
• Release Date : January 01, 1874
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Messrs. J. Hubley Ashton and N. Wilson, for the plaintiff in error: The section of the Civil Practice Act of Montana, on which this case depends, appears to be identical with section 277, of the New York Code, which prescribes the form of judgment to be taken in actions to recover the possession of personal property. Upon that code the Court of Appeals of New York has decided1 * that neither a plaintiff nor a defendant, in an action to recover the possession of such property, can take judgment for the value of property, except as an alternative; and that if a judgment is taken for the value alone, and no alternative judgment is entered for the return of the property, it will be erroneous, and that for such error the judgment for the value will be reversed by an appellate court.

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