Legal Opinion

Schwarzschild & Sulzberger Co. v. Mathews

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 1 opinion

Appeal by the plaintiff, the Schwarzschild & Sulzberger Company, from a judgment of the Supreme Court in favor of the defendant, John J. Mathews, entered in the office of the clerk of the county of Hew York on the 19th day of May, 1898, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint.

1Opinion of the Court

Barrett, J.:

This is an appeal from a judgment entered upon a decision which did not state separately the facts' found. It was in this respect such a decision as is authorized by section 1022 of the Code of Civil Procedure. It stated concisely the grounds upon which the issues were decided, and directed judgment, for the defendant Mathews to be entered thereon. We think the grounds assigned for the decision untenable. The action was in equity to-remove what were alleged to be fraudulent obstructions to a levy under an outstanding execution issued upon a judgment in favor of the plaintiff…

2Cases cited3 opinions

  1. Mabbett v. . WhiteNew York Court of Appeals · 1855
  2. Bowdish v. . PageNew York Court of Appeals · 1897
  3. Yerkes v. . McFaddenNew York Court of Appeals · 1894

3Cited by1 opinion

  1. Castleman v. MayerAppellate Division of the Supreme Court of the State of New York · 1900

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