Bedell v. Barnes
New York Supreme Court
Appeal from an order of tbe Oneida County Court, denying tbe plaintiffs motion to vacate or modify a judgment against the plaintiff, personally, for the costs of the action,'and also a motion to set aside an execution issued on the said judgment against the property of the plaintiff, individually.
1Opinion of the Court
Smith, P. J.:
No order has been made in the action charging the plaintiff, personally, with costs, as provided by section 3246 of the Code of Civil Procedure; and upon that ground the plaintiff made his motion in the court below, and now contends that it was improperly denied. The answer made by the respondent is, that as the plaintiff’s sole cause of action set out in the complaint was for an alleged wrongful taking of personal property from his possession after he was appointed assignee and had' taken possession of the assigned property, he could have sued in his own right, and he…
2Cases cited7 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Biddle v. WilkinsSupreme Court of the United States · 1828
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Ketchum v. KetchumNew York Supreme Court · 1825
- Reade v. . WaterhouseNew York Court of Appeals · 1873
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