Carlson v. . Winterson
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Mew York, made February 5, 1895, which reversed an order of the General Term of the City Court of Mew York vacating and setting aside by virtue of an execution issued herein a sale by the sheriff of real estate which belonged to the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Mew York, made February 5, 1895, which reversed an order of the General Term of the City Court of Mew York vacating and setting aside by virtue of an execution issued herein a sale by the sheriff of real estate which belonged to the defendant. The facts, so far as material, are stated in the opinion. It is well settled that where a judgment is reversed, the court will promptly, as far as practicable, restore the party complaining to the possession of the land, and give him remedy for the money paid.…
1Opinion of the CourtHaight, J.
The plaintiff recovered a judgment against the defendant for the sum of $637.15. in the City Court of Hew York, which was affirmed in the General Term of that court, but subsequently reversed in the General Term of the Court of Common Pleas. In the meantime the sheriff had sold for the sum of $711 certain real property of the defendant upon an execution issued upon the judgment to Hector M. Hitchings, the plaintiff’s attorney, to whom the judgment had been assigned. Ho stay was procured pending the appeals. Hpon the reversal of the judgment by the General Term of the Court of Common Pleas the…
2Cases cited1 opinion
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1886
3Cited by4 opinions
- Carlson v. . WintersonNew York Court of Appeals · 1895
- Biel v. RandellAppellate Terms of the Supreme Court of New York · 1897
- Carlson v. . WintersonNew York Court of Appeals · 1895
- Goepel v. Robinson Machine Co.Appellate Division of the Supreme Court of the State of New York · 1907