Atwood v. Lynch
The Superior Court of New York City
Exceptions ordered to be heard at general term, and appeal from a direction to the jury to find a verdict. The action was brought against the late Sheriff Lynch for> taking and converting goods claimed by the plaintiff as owner, and upon the death of said sheriff it was continued against his administratrix.
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Exceptions ordered to be heard at general term, and appeal from a direction to the jury to find a verdict. The action was brought against the late Sheriff Lynch for> taking and converting goods claimed by the plaintiff as owner, and upon the death of said sheriff it was continued against his administratrix. Upon the trial the following facts appeared : On May 19, 1864, Sheriff Lynch levied upon' the property in question under an attachment issued against the property-of one Don M. M. Turner in favor of Albert Read, and put a keeper in charge. On June 7, 1864, the plaintiff confessed judgment…
1Opinion of the Court
By the Court.—Freedman, J.
The court below having ordered that plaintiff’s exceptions be heard at general term in the first instance, and that judgment be suspended in the mean time, no appeal lies from the mere’ verbal direction of the verdict. The whole case is removed to the general term for judgment under section 265 of the Code. If the exceptions are ..sus- • tained, a new trial must be ordered ; if overruled, the general term renders final judgment (Mason v. Breslin, 2 Sweeny, 386). ,
The verdict was properly directed for the defendant, because the complaint alleged nothing beyond a naked…
2Cases cited3 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Peck v. . TiffanyNew York Court of Appeals · 1849
- Mason v. BreslinThe Superior Court of New York City · 1870