Dickinson v. Oliver
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William C. Oliver, from an-- .order' of the Supreme Court, made at the Broome Special Term and entered in the office of the clérk of the county of Delaware on the 13th day of November, 1905, granting the plaintiff’s motion for a hew. trial of the action. This action Was- originally commenced by Le Roy Smith, then sheriff of Delaware county, for an alleged conversion- by the defendant of property upon which an execution had been levied.
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Appeal by the defendant, William C. Oliver, from an-- .order' of the Supreme Court, made at the Broome Special Term and entered in the office of the clérk of the county of Delaware on the 13th day of November, 1905, granting the plaintiff’s motion for a hew. trial of the action. This action Was- originally commenced by Le Roy Smith, then sheriff of Delaware county, for an alleged conversion- by the defendant of property upon which an execution had been levied. The action was twice tried during the lifetime of Smith. On the first trial the jury disagreed, and on the second trial a verdicf for…
1Opinion of the Court
Chester, J.:
We agree with the learned justice of the Special Term that the defendant, having stipulated that Dickinson, as sheriff, be substituted as the party plaintiff in the action and an order having thereupon been made making such substitution and directing that the *808action, be continued in his name as' plaintiff, the- defendant cannot now be-hearjl to say that Dickinson,'as sheriff, is not the proper plaintiff. That order, standing in full force as it does, is conclusive upon- that question.' (Underhill v. Crawford, 29 Barb. 664; Smith v. Zalinski, 94 N. Y. 519 ; Gibson v. National Park…
2Cases cited6 opinions
- Smith v. . ZalinskiNew York Court of Appeals · 1884
- Barker v. MillerNew York Supreme Court · 1810
- Lockwood v. BullNew York Supreme Court · 1823
- Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
- People v. J. & S. BrownNew York Supreme Court · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Atlas Assur. Co. of London v. FairchildSupreme Court of Oklahoma · 1935
- Dickinson v. . OliverNew York Court of Appeals · 1909
- Zollinger v. DurhamSupreme Court of Oklahoma · 1919
- Capen v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1908
- Florea v. ShultzAppellate Terms of the Supreme Court of New York · 1926