Smith v. Geraty
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city.of Mew York, tenth district, borough of Manhattan.
1Opinion of the CourtSeabury, J.
Sections 271 and 276 of the Municipal Court Act require the marshal to file his return with the clerk of the court. The statute does not provide that mailing the return to the clerk of the court shall be presumptive evidence of filing. A sheriff, in certain cases, is by statute authorized to make a return by mail (Code Civ. Pro., § 102) ; but I know of. no corresponding statute in reference to a marshal. I think that a return of execution, by a marshal to the clerk of the court, which is mailed by the marshal and properly addressed to the clerk of the court is not a compliance with sections…
2Cases cited2 opinions
- Holman v. Chevaillier's Adm'rTexas Supreme Court · 1855
- Phillips, Goldsby & Blevins v. Beene's Adm'rSupreme Court of Alabama · 1862
3Cited by4 opinions
- Aaron v. FarrowSupreme Court of Oklahoma · 1925
- Fossella v. DinkinsNew York Supreme Court · 1985
- In re Liberty Lumber Co.District Court, S.D. New York · 1933
- Smith v. GeratyAppellate Terms of the Supreme Court of New York · 1908