Summary
In McDowell v. Stewart, 83 Ill. 538, at page 539, the court in discussing a question of the same character as the one involved in this proceeding, said: "The defendant in the replevin suit was the sheriff of the county, and he claimed the property by virtue of three writs of fi. fa. against Robert J. Johnson. The points made on the ruling of the court below are all disposed of by the determination of the question, — was the chattel mortgage from Johnson to the plaintiff in the replevin suit acknowledged in conformity with the statute?
Summary of this case from Fisher v. BollmanOpinion
Civil Action No. 9:06-cv-1060 (GLS/DRH).
March 19, 2008
FOR THE PLAINTIFF: TERRENCE Q. WILLIAMS, Plaintiff Pro Se, 07-A-0885, Marcy Correctional Facility, Marcy, New York.
FOR DEFENDANT STEWART: RICHARD LOMBARDO, Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, The Capitol, Albany, New York.
FOR DEFENDANTS GATES, VANWINKLE, HALL and HARPP THOMAS K. MURPHY, ESQ., MURPHY, BURNS LAW FIRM, Albany, New York.
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed February 6, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed February 6, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that Stewart's motion to dismiss (Docket No. 49) is GRANTED and that the Second Amended Complaint is DISMISSED in all respects as to Stewart, and it is further
ORDERED, that the Clerk of the Court is to mail a copy of this order on all parties by regular mail.
IT IS SO ORDERED.