Legal Opinion

Curry v. Farley

New York Court of Common Pleas

Decided March 3, 1879PublishedCited by 4 opinions

Appeal from a judgment of the Marine Court of the oity of New York, entered on an order of the general term of that court affirming a judgment entered on the verdict of a jury. In November, 1870, the plaintiff obtained a judgment in the Seventh District Court against one Joseph Ogle for $121 58. On the 24th day of July, 1875, an execution on this judgment was issued to the defendant as a marshal, which execution ivas returned on Sept. 1st, 1875, “ no property.”

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Appeal from a judgment of the Marine Court of the oity of New York, entered on an order of the general term of that court affirming a judgment entered on the verdict of a jury. In November, 1870, the plaintiff obtained a judgment in the Seventh District Court against one Joseph Ogle for $121 58. On the 24th day of July, 1875, an execution on this judgment was issued to the defendant as a marshal, which execution ivas returned on Sept. 1st, 1875, “ no property.” This action was thereupon commenced, either as upon a false return, or to recover the penalty prescribed by L. 1857, 844, § 57.

1Opinion of the Court

Van Brunt, J. [after stating the facts as above].—

I have not considered the question of the plaintiff’s cause of action for a false return in the above statement, because the case is entirely bare of evidence to support the verdict upon that ground. It is true that the learned justice before whom *229this case was tried submitted this question to the jury, but there was no evidence whatever that Ogle was the owner of the stock in the store or that he had any interest in it. Upon the contrary, the whole of the evidence was-to the effect that O’Halloran owned this stock, and Ogle’s connection with…

2Cited by4 opinions

  1. Lee v. DolanNorth Dakota Supreme Court · 1916
  2. Knapp v. SweetNew York Supreme Court · 1890
  3. Rutzkowski v. GeorgeNew York Supreme Court · 1895
  4. Smith v. GeratyAppellate Terms of the Supreme Court of New York · 1908

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