Dunham v. . Reilly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which reversed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiffs’ complaint and which overruled said demurrer. (Reported below, 47 Hun, 241.) The substance of the complaint is set forth in the opinion. The executions were issued illegally, and in contravention of the statute. (Code of Civ.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which reversed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiffs’ complaint and which overruled said demurrer. (Reported below, 47 Hun, 241.) The substance of the complaint is set forth in the opinion. The executions were issued illegally, and in contravention of the statute. (Code of Civ. Pro., chap. 13, §§ 1365, 1369.) The provisions of chapter 13 of the Code of Civil Procedure apply to these executions issued…
1Opinion of the CourtFinch, J.
The question in this case arises upon a demurrer. The complaint sets out what is claimed to be a cause of action against the defendant, who was sheriff of the city and county of New York, for a false return. It avers that, on the 6th day of January, 1879, the plaintiffs recovered four judgments against one Rogers and others, in the New York Marine Court, which were duly filed in the office of the clerk of said court, but transcripts of which were not filed, nor said judgments docketed in the office of the clerk of the city and county of New York until the 9th day of January, 1880; that on…
2Cases cited4 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- McLaughlin v. Bank of PotomacSupreme Court of the United States · 1849
- Bergman v. NobleNew York Supreme Court · 1887
- Palmer v. ClarkNew York Court of Common Pleas · 1877
3Cited by9 opinions
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
- McDonald v. FullerSouth Dakota Supreme Court · 1898
- Belfer v. LudlowAppellate Division of the Supreme Court of the State of New York · 1911
- National Bank of North America v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1984
- Belfer v. LudlowNew York Supreme Court · 1910
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