Legal Opinion

Tubiola v. Baker

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1929PublishedCited by 11 opinions

1Opinion of the CourtEdgcomb, J.

This action is brought to recover damages claimed to have been sustained by the plaintiff because of the failure of the defendant, who was sheriff of Monroe county, to execute an order, made pursuant to the provisions of section 985 of the Civil Practice Act, requiring him to put the plaintiff into possession of certain real property which he had purchased upon a foreclosure sale, the possession of which had been withheld from him

It is conceded that the defendant neglected and refused to execute this order unless he was given an indemnity bond, and that he persisted in such refusal until a…

2Cases cited8 opinions

  1. The ConquerorSupreme Court of the United States · 1897
  2. Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1908
  3. Schlesinger v. DunneAppellate Terms of the Supreme Court of New York · 1901
  4. Charman v. . TatumNew York Court of Appeals · 1901
  5. In re the Judicial Settlement of the Account of EllisAppellate Division of the Supreme Court of the State of New York · 1917

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
  2. Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
  3. In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
  4. Pappe v. LawSupreme Court of Oklahoma · 1934
  5. Hoard v. LutherAppellate Division of the Supreme Court of the State of New York · 1937

6 more not listed; retrieve them via the Exa API.

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