McGuire v. Bausher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie McGuire, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered in the office of the clerk of said, court on the 19th day of April, 1900, upon the decision of the court rendered after atrial before the court without a jury dismiss^ ing the complaint.
1Opinion of the Court
Woodward, J.:
This is an action to recover damages for a failure on the part of a marshal of the city of Hew York to make a true return to an execution issued out of the Municipal' Court of that city. There is no substantial controversy as to the facts. The execution was duly issued and delivered to the .defendant on the 5th day of February, 1900. The judgment being in favor of a female for services per*277formed by her, and for a sum less than fifty dollars, no property of the judgment debtor was exempt from levy and sale, and upon a return of the execution unsatisfied, the plaintiff had a right…
2Cases cited4 opinions
- Root v. . WagnerNew York Court of Appeals · 1864
- Homan v. LiswellNew York Supreme Court · 1827
- Wehle v. . ConnerNew York Court of Appeals · 1875
- Stern v. MossNew York Court of Common Pleas · 1884
3Cited by4 opinions
- Citizens' National Bank v. WetselAppellate Division of the Supreme Court of the State of New York · 1904
- Merriam v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1906
- Merriam v. JohnsonAppellate Terms of the Supreme Court of New York · 1906
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1901