
    John Owens, Appellant, v. Richard Flynn, Marshal, Respondent.
    (New York Common Pleas—Additional General Term,
    February, 1894.)
    In an action for tile conversion of a horse and wagon, by reason of which plaintiffs lien as stableman was lost, the evidence showed that plaintiff had perfected his lien for $160 in accordance with the statute. Mo evidence was offered to contradict the amount claimed, but the justice rendered judgment for forty dollars. Held, error; that the judgment was not seeundum allegata et probata.
    
    Appeal by the plaintiff from a judgment of the District Court in the city of New York for the eleventh judicial district, rendered by the justice thereof, without a jury, in favor of such plaintiff for the sum of forty dollars damages, besides live dollars and fifty cents costs.
    Action to recover damages for the conversion of property alleged to have been held by the plaintiff as lienor and pledgee, by reason of which conversion his lien was destroyed. The facts are stated in the opinion.
    
      W. Arrowsmith, for appellant.
    
      Clarence A. Sears, for respondent.
   Giegerich, J.

The plaintiff’s lien as stableman for the sum bf $160 was perfected in accordance with the requirements of the statute (Laws of 1892, chap. 91; Eckhard v. Donohue, 9 Daly, 214; Lessels v. Farnsworth, 13 id. 473), and no evidence upon which a reduction of the damages by $120 can be based appears from the record. It is unnecessary to consider whether the hens claimed by the plaintiff as warehouseman and pledgee were sufficiently established, as the judgment cannot stand in any event, not being seewndum allegata et probata. Fuld v. Kahn, 4 Misc. Rep. 600; 24 N. Y. Supp. 558; 54 N. Y. St. Repr. 134.

The judgment should be reversed and a new trial ordered, with costs to the party there prevailing.

Bisohoff, J., concurs.

Judgment reversed and new trial ordered, with costs to the party there prevailing.  