Wehle v. . Conner
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of New York, entered upon an order made April 7, 1879, affirming a judgment in favor of defendant for costs, entered upon a verdict rendered by direction of the court, giving the plaintiff nominal damages. This action was brought against defendant, as sheriff of the city and county of New York, for alleged neglect, to return within the time prescribed three executions in favor of plaintiff, against Henry L. Butler.
Read the full summary
Appeal from judgment of the Superior Court of the city of New York, entered upon an order made April 7, 1879, affirming a judgment in favor of defendant for costs, entered upon a verdict rendered by direction of the court, giving the plaintiff nominal damages. This action was brought against defendant, as sheriff of the city and county of New York, for alleged neglect, to return within the time prescribed three executions in favor of plaintiff, against Henry L. Butler. Defendant proved that before the time for returning the executions, three attachments in actions against plaintiff—one issued…
1Opinion of the CourtFinch, J.
This case is before us for the third time. On the first appeal we held that the attachments levied upon the plaintiff’s judgments were not a defense to the action commenced against the sheriff for not returning the execution within the sixty days. (63 N. Y. 258.) On the second appeal we further decided that the attachments might be given in evidence in mitigation of damages, and while they remained as existing and valid process, the plaintiff could only recover nominal damages. (69 N. Y. 546.) The case has been tried and decided in accordance with that conclusion, and the judgment must be…
2Cases cited9 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Barker v. . BinningerNew York Court of Appeals · 1856
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Camp v. ChamberlainNew York Supreme Court · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Clarke v. LarremoreSupreme Court of the United States · 1903
- Poole v. . BelchaNew York Court of Appeals · 1892
- Weinress v. BlandCourt of Chancery of Delaware · 1950
- Weinress v. BlandCourt of Chancery of Delaware · 1950
16 more not listed; retrieve them via the Exa API.