Pach v. . Gilbert
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior Court of the city of Buffalo, entered upon an order made December 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of tlie General Term of the Superior Court of the city of Buffalo, entered upon an order made December 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The answer that the judgment debtor had no property upon which the sheriff could have levied and made the amount of the plaintiff’s execution constitutes a good defense to an action to charge the sheriff with damages for a failure to return…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action is brought to recover of the defendant for failure to return an execution issued upon a judgment in his favor against Lizzie Orr within sixty days after its delivery to him. The delivery of the execution and failure to return it within the time prescribed by statute was admitted, and thus was establishedprima facie the plaintiff's right to recover the full amount which the defendant was commanded by the execution to make out of the property of the…
2Cases cited4 opinions
- Anthony v. . WoodNew York Court of Appeals · 1884
- Peck v. . TiffanyNew York Court of Appeals · 1849
- Ledyard v. . JonesNew York Court of Appeals · 1852
- Patterson v. PerryThe Superior Court of New York City · 1859
3Cited by10 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Hannes v. Kingdom of Roumania Monopolies InstituteAppellate Division of the Supreme Court of the State of New York · 1940
- Reich v. SpiegelNew York Supreme Court · 1955
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1896
- Van Camp v. SearleNew York Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.