Shea v. Conant
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Ernest L. Conant, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the plaintiff rendered by direction of the court after a trial at the New York Trial Term in November, 1911.
1Opinion of the Court
Dowling, J.:
This action was brought by the sheriff of the county of New York pursuant to the provisions of section 655 of the Code of Civil Procedure, to reduce to possession, under a warrant of attachment, the sum of $5,000 claimed to be owing by the defendant to the attaching debtor. By stipulation the complaint was amended so that the action became one under section 708, subdivision 4, of the Code of Civil Procedure, to collect a debt or other thing in action attached. Upon the trial a verdict for plaintiff having been directed in the sum of $5,046, the exceptions were directed to be heard…
2Cases cited1 opinion
- Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
3Cited by1 opinion
- Hoffman v. Columbia-Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913