Noble v. . Kelly
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, first district, affirming (with a deduction of $10), a judgment of the Special Term in favor of the plaintiff.
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Appeal from a judgment of the General Term of the Supreme Court, first district, affirming (with a deduction of $10), a judgment of the Special Term in favor of the plaintiff. The complaint alleges that the defendant, being sheriff, claiming to act as such, under color of several executions alleged to have been issued against the property of Henry J. Kerner, wrongfully, with force and arms took and carried away certain specie and gold coin of the United States, of the amount and value of $1,000, the property of the plaintiff. The answer of the defendant sets out three executions issued upon…
1Opinion of the CourtWoodeuff, J.
On the 19th day of September, 1859, ¡an action was pending, brought by the plaintiff against the defendant, for forcibly taking and carrying away certain gold coin of the plaintiff, by a levy thereon of three executions; one in favor of Henry Lyles, Jr., against Henry J. Kernel’. That action was single ; in it the plaintiff sought to recover not for three injuries, but for one; and if it were conceded that the cause of action could be severed, or even that three separate actions could have been brought for .the act. of the defendant, there was in form.and in fact but one action, and that…
2Cases cited1 opinion
- Robertson v. New York & Erie Rail RoadNew York Supreme Court · 1856
3Cited by3 opinions
- Walbourn v. HingstenNew York Supreme Court · 1895
- Schork v. MoritzThe Superior Court of the City of New York and Buffalo · 1889
- Schork v. MoritzThe Superior Court of New York City · 1889