Kelly v. Mesier
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Mesier and another, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 26th day of October, 1896, upon the report of a referee. •
1Opinion of the Court
Goodrich, P. J.:
On February 9, 1893, Gautier and Pearson obtained a judgment against .Michael E. Kelly for $242.70. Under an execution issued upon this judgment, the sheriff of Queens county sold a stone monu*330ment belonging to Kelly, before which sale, the plaintiff, Kelly’s sister, served upon the sheriff a notice claiming ownership of the monument, whereupon the defendants executed a bond of indemnity to the sheriff. This action was commenced against the sheriff to recover the value of the monument, the appellants being afteiwards substituted as defendants- upon their own motion. The…
2Cited by1 opinion
- Fisher v. StoutAppellate Division of the Supreme Court of the State of New York · 1902