Duell v. Alvord
New York Supreme Court
Appeals from an order of the Onondaga Special Term, granted January eleventh, and from a decree of the surrogate of Onondaga county granted on the 16th day of January, 1886, “ allowing an execution to issue upon the judgment heretofore docketed in this action in favor of the plaintiff and against the defendant, in the Onondaga county clerk’s office, to the sheriff of the county of Onondaga as provided by section 1380 of the Code of Civil Procedure of the State of New York.
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Appeals from an order of the Onondaga Special Term, granted January eleventh, and from a decree of the surrogate of Onondaga county granted on the 16th day of January, 1886, “ allowing an execution to issue upon the judgment heretofore docketed in this action in favor of the plaintiff and against the defendant, in the Onondaga county clerk’s office, to the sheriff of the county of Onondaga as provided by section 1380 of the Code of Civil Procedure of the State of New York. Note.— The following opinion was delivered upon the appeal from the decree of the surrogate, In the Matter of the…
1Opinion of the Court
HaRdin P. J.:
We are of the opinion that there is no force in the criticism made to the certificate of the sheriff with respect to the service of the papers, wherein he refers to them as “ the within summons and complaint.”
First. No such objection appears by the record to have been taken at Special Term. Had the objection been taken there it might have been obviated. It is too late to raise it for the first time upon appeal, besides the order recites “ on the reading of the affidavits and notice of motion, and considering the affidavits and the order and the appearances, it is obvious that Mr.…
2Cases cited4 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Marine Bank of Chicago v. . Van BruntNew York Court of Appeals · 1872
- Roe v. SwezeyNew York Supreme Court · 1850