Josuez v. Conner
New York Court of Common Pleas
Appeal by the plaintiff from a judgment of this court, entered upon a dismissal of complaint by the court, at a trial before Judge Labbemobe and a jury, and also from an order refusing a new trial. This action was brought against William C. Conner, as sheriff of the city and county of New York, to recover damages for a false return to an execution against the person of one Francis Everaet.
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Appeal by the plaintiff from a judgment of this court, entered upon a dismissal of complaint by the court, at a trial before Judge Labbemobe and a jury, and also from an order refusing a new trial. This action was brought against William C. Conner, as sheriff of the city and county of New York, to recover damages for a false return to an execution against the person of one Francis Everaet. The complaint alleged the recovery of a judgment in favor of Catherine Josuez against Francis Everaet in the Marine Court of the city of New York; the return of an execution against the property of Everaet;…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The main question discussed upon this appeal was, whether the plaintiff should have been allowed to prove the existence of an order of arrest by secondary evidence. The complaint averred that the action was such in its nature that an execution against the person of the judgment debtor could lawfully issue to enforce the judgment; and that an order of arrest against Everaet had been duly granted in the action; which the answer traversed by denying any knowledge or information sufficient to form a belief as to whether the said pretended execution had any force or…
2Cases cited7 opinions
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- Wood v. . HenryNew York Court of Appeals · 1869
- Caldwell v. Carrington's HeirsSupreme Court of the United States · 1835
- Jackson ex dem. Schuyler v. RussellNew York Supreme Court · 1830
- Hutchinson v. . BrandNew York Court of Appeals · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Goldman v. KennedyNew York Supreme Court · 1888