Buttling v. Hatton
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Proceeding by William J. Buttling, as sheriff of Kings county, against Loftus D. Hatton and others. From an order granting leave to plaintiff to serve an amended and supplemental complaint, defendants appeal.
1Opinion of the CourtHatch, J.
In varying form, this case has been twice before this court. Upon the first appeal, while we sustained the right of the plaintiff' to move for summary judgment under the provisions of section 162 of the Code of Civil Procedure, yet we reversed the judgment which had been granted, upon motion properly made therefor, holding that the defendants were entitled to contest upon such hearing the charge for counsel fees in defending the action brought by the execution creditor against the plaintiff to recover for the escape of the person in the custody of the plaintiff, as sheriff, from the liberties…
2Cases cited5 opinions
- Haddow v. . LundyNew York Court of Appeals · 1874
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
- Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1897
- Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898
- Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898