Carlson v. Winterson
New York Court of Common Pleas
Appeal from city court, general term. Action by Lc-uisa Carlson against Maria L. Winterson on a promissory note. From an order of the city court setting aside and vacating a sale of defendant’s real estate by the sheriff to Hector M. Hitchings, made on September 1, 1892, and restraining said sheriff from executing a deed, plaintiff appeals. Reversed.
1Opinion of the CourtBookstaver, J.
Judgment was recovered upon the trial of this action in the city court, and affirmed upon an appeal to the general term of that court. 20 N. Y. Supp. 897. On appeal to this court that judgment was reversed for an error of law, and a new trial was directed. 22 N. Y. Supp. 553. Nothing was said in that decision as to restitution. Pending these appeals, the defendant having given no security, execution was issued upon the city court judgment, and satisfied by sheriff’s sale of certain real property of the defendant. The order herein appealed from set aside and vacated this sale, and restrained…
2Cases cited4 opinions
- Marvin v. . Brewster Iron Mining CompanyNew York Court of Appeals · 1874
- Market Nat. Bk. of N.Y. v. . Pac. Nat. Bk.New York Court of Appeals · 1886
- Carlson v. WintersonCity of New York Municipal Court · 1892
- Carlson v. WintersonNew York Court of Common Pleas · 1893
3Cited by3 opinions
- Healy v. WostenbergWyoming Supreme Court · 1934
- Carlson v. WintersonNew York Court of Common Pleas · 1895
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904