Nestor v. . Bischoff
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 13, 1889, which affirmed an order of Special Term taxing sheriff’s fees. The facts, so far as material, are stated in the opinion. The justice had no jurisdiction of the matter, and the order is, therefore, void. (Robinson v. O. S. N. Co., 112 N. Y. 315; C. C. Bank v. Judson, 8 id. 254; Risley v. P. Bank, 83 id. 318-337; Davidsburg v. L. Ins.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 13, 1889, which affirmed an order of Special Term taxing sheriff’s fees. The facts, so far as material, are stated in the opinion. The justice had no jurisdiction of the matter, and the order is, therefore, void. (Robinson v. O. S. N. Co., 112 N. Y. 315; C. C. Bank v. Judson, 8 id. 254; Risley v. P. Bank, 83 id. 318-337; Davidsburg v. L. Ins. Co., 90 id. 526 ; 18 Wend. 649 ; 2 Hilt. 281; 9 Tex. 542; Burckle v. Elkhardt, 3 N. Y. 133; Black v. State, 95 id. 465.) The learned justice erred in…
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action in July, 1884, to recover the possession of a large quantity of beer and malt which he claimed the defendants wrongfully detained from him. The requisition was delivered to Benjamin Brown, then sheriff of the county of Bichmond, and in whose.favor and upon whose application the order appealed from was made for execution, who executed it by taking possession of the property, though he did not remove it from the premises where it was. In November, 1884, the court made an order at Special Term upon the application of the plaintiff, permitting him to discontinue…
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- Haase v. LeveringNew York Court of Common Pleas · 1895
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