Barber v. Dewes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abednego Dewes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of June, 1904, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 20tli day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for an alleged unlawful levy upon plaintiff’s property. The facts upon which plaintiff predicated his right -to recover — except as to the amount — were not disputed and are as follows: On the 26th of November, 1900, the defendant obtained a judgment in the Supreme Court against this plaintiff for $718.55. At the conclusion of the trial, which resulted in that judgment, the trial justice orally announced that execution upon the judgment was stayed for thirty days after service of a copy of the judgment and notice of entry, and on the day following an…
2Cases cited3 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
- Poucher v. . BlanchardNew York Court of Appeals · 1881
- Guilfoyle v. SeemanAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Larkin v. . FrazierNew York Court of Appeals · 1918
- White v. E. C. McKallor Drug Co.Appellate Division of the Supreme Court of the State of New York · 1933