
    William H. Terhune, Appellant, v. Thomas J. Dunn, as Sheriff, etc., Respondent.
    (City Court of New York, General Term,
    May, 1898.)
    -Replevin ag’ainst a sheriff — Right to -substitute his indemnitors, agáinst a wrongful levy.
    The provisions of section 1421 of the Code of Civil Procedure, entitle a sheriff, against whom an action of replevin has been brought • to recover property alleged to have been wrongfully levied upon by Mm under an execution, to procure the substitution, in his place and stead, of his indemnitors as defendants in the action. -
    This is an appeal from an order substituting the indemnitors of the sheriff in his place as defendants herein -under section 1421 of the Code, of Civil Procedure.
    
      On or about January 3, 1898, two executions were issued against the property of Alfred Ebenstein in favor of Louis Levy, one for the sum of $127.29 and the other for $1,527.50.
    The sheriff levied, under and by virtue of said execution?, upon certain property, some of which was afterwards claimed by the plaintiff herein, and this action in replevin to recover possession of some of said property so levied upon was commenced.
    - This defendant demanded a bond as against said claim and said action and all damages for the taking of said property, and costs, counsel fees and expenses; that thereafter such bond was given in the sum of $2,000, with Sanders B. Altmayer and O. W. Levy as sureties thereon.
    A copy of said bond was served upon the attorney for the claimant (the plaintiff in this action), with notice of justification thereof, and said bond was duly approved by one of the justices of this court and filed with the clerk of said court.
    This action was brought to recover possession of some of the property so levied upon and claimed as aforesaid, and the value of said property is stated to be $400; that thereafter a motion was made to substitute the indemnitors Sanders B. Altmayer and O. W. Levy as defendants herein, and an order was entered substituting said indemnitors.
    It is from the order substituting said indemnitors that this appeal is taken.
    Franklin Bien, for appellant.
    Philip J. Britt, for respondent.
   Per Curiam.

The order appealed from is affirmed, with costs. Jakobi v. Gorman, 2 Misc. Rep. 190; Hart v. Sexton, 11 id. 446; Ullman v. Gorman, 21 App. Div. 616; Rosenblum v. Gorman, 21 id. 618.

Present: Fitzsimons, Oh. J., Conlax and Sohuchman, JJ.

Order affirmed, with costs.  