Legal Opinion
Smith v. . Smith
New York Court of Appeals
Decided February 23, 1875PublishedCited by 3 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiffs aver in their complaint a delivery of the execution to the defendant, then sheriff of the county of Chemung, on the 5th day of January, 1869, and this is not denied in the answer save as the defendant alleges that it was handed to, and left with, his deputy, and that it was not delivered to him, the defendant, in any other manner. A delivery to the deputy was a delivery to the defendant as sheriff, and the allegations of the complaint were…
2Cases cited3 opinions
- Hathaway v. . HowellNew York Court of Appeals · 1873
- Gorham v. GaleNew York Supreme Court · 1827
- Mickles v. HartCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- C. Roy Curtis & Son, Inc. v. KanfouschNew York Supreme Court · 1942
- In re StockwellDistrict Court, N.D. New York · 1877
- Johnson Bros. & Co. v. ReillyNew York Supreme Court · 1880