Evans v. CleveLand
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff entered upon a verdict of a jury, and from an order made in tbe said action, allowing tbe plaintiff to make and file a supplemental complaint. Tbis action, originally, was in tbe name of Aurelia T. Auckland as plaintiff, against tbe defendant, wbo was sheriff of Erie county. It was commenced in April, 1874, and was in trover for a stock of drugs, etc.
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Appeal from a judgment in favor of tbe plaintiff entered upon a verdict of a jury, and from an order made in tbe said action, allowing tbe plaintiff to make and file a supplemental complaint. Tbis action, originally, was in tbe name of Aurelia T. Auckland as plaintiff, against tbe defendant, wbo was sheriff of Erie county. It was commenced in April, 1874, and was in trover for a stock of drugs, etc. Tbe answer was a general denial, and also that tbe property belonged to one Hull, and was taken by defendant, as sheriff, on an attachment against Hull, and afterward sold on execution against…
1Opinion of the Court
Merwin, J.:
The only point is whether the defendant can avail himself of the one-year statute of limitations, by reason of the fact that more than one year elapsed after the appointment of the plaintiff as executrix, and before her motion for leave to file a supplemental complaint. The act of the defendant complained of was within the statute (chap. 733 of 1871, § 2), and I see no reason why this statute should not be interpreted the same as any other statute of limitations.
It was held in this department, in Beach v. Reynolds (64 Barb., 506, 521), and affirmed in Court of Appeals, in same case…
2Cases cited2 opinions
- Arthur v. . GriswoldNew York Court of Appeals · 1875
- Beach v. Reynolds & BushNew York Supreme Court · 1873