Ansonia B. and C. Co. v. . Conner
New York Court of Appeals
Appeal from judgment of the City Court of the city of New York, entered upon a remittitur from the General Term of the Court of Common .Pleas in and for the city and county of New York, dated Hay 24,1884, which affirmed a judgment of the General Term of said City Court, which affirmed a judgment of said court at trial term, entered upon an order dismissing the complaint herein.
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Appeal from judgment of the City Court of the city of New York, entered upon a remittitur from the General Term of the Court of Common .Pleas in and for the city and county of New York, dated Hay 24,1884, which affirmed a judgment of the General Term of said City Court, which affirmed a judgment of said court at trial term, entered upon an order dismissing the complaint herein. This action was originally brought against William C. Conner, the present defendant’s testator, as sheriff of the county of New York, for failure to return an execution within sixty days after its delivery to him.…
1Opinion of the Court
Ruger, Ch. J.
The main question in this case is whether an order, made by a court of competent jurisdiction, staying the sheriff from interference, under an execution with the property of a judgment debtor suspends, during its continuance, the running of the statutory term of sixty days given to the sheriff for executing the process.
The execution in question was issued under section 290 of the Code of Procedure, which provided that an “ execution shall be returnable within sixty days after its receipt by the officer to. the clerk with whom the record of judgment is filed.” This was…
2Cases cited10 opinions
- Paige v. . WilletNew York Court of Appeals · 1868
- Hathaway v. . HowellNew York Court of Appeals · 1873
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Carpenter v. . StilwellNew York Court of Appeals · 1854
- Sherman v. BoyceNew York Supreme Court · 1818
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3Cited by7 opinions
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- People v. FosterIllinois Supreme Court · 1890
- Robinson v. Monning Dry Goods Co.Court of Appeals of Texas · 1919
- Marine Midland Bank-Central v. GleasonAppellate Division of the Supreme Court of the State of New York · 1978
- Ditto v. McCurdyHawaii Supreme Court · 2003
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