Legal Opinion

Simpson v. Hornbeck

New York Supreme Court

Decided July 15, 1870PublishedCited by 20 opinions

This was a motion by the plaintiff for a new trial, upon exceptions ordered to be heard in the first instance at General Term. The facts appear in the opinion of the court.

1Opinion of the Court

By the Court —

Parker, J.

The defendant obtained a judgment against the plaintiff in a Justice’s Court for the conversion of personal property, on the 20th of April, 1867, for ninety-five dollars. From this judgment the defendant in that suit immediately appealed to the County Court, but, as. is to be inferred from the case gave no security to stay execution in the Justices’ Court. After the appeal, and on the 26th day of April, 1867, the plaintiff in that suit applied to the justice and obtained an execution against the body of the defendant therein, who had no property liable to execution,…

2Cases cited1 opinion

  1. Clark v. PinneyNew York Supreme Court · 1826

3Cited by20 opinions

  1. Marks v. . TownsendNew York Court of Appeals · 1885
  2. Fischer v. . LangbeinNew York Court of Appeals · 1886
  3. Anderson v. SloaneWisconsin Supreme Court · 1888
  4. Thompson v. ReasonerIndiana Supreme Court · 1890
  5. Lesster v. Lawyers' Surety Co.Appellate Division of the Supreme Court of the State of New York · 1900

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