Appellate Terms of the Supreme Court of New York, 1910

Firestone v. Ǣtna Indemnity Co.

Firestone v. Ǣtna Indemnity Co.
Appellate Terms of the Supreme Court of New York · Decided April 8, 1910 · Gavegan
122 N.Y.S. 235 (New York Supplement)

Counsel

F. H. Cowden, for appellant., Firestone & Silver, for respondents.

Firestone v. Ǣtna Indemnity Co.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.