Foy v. Barry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Barry, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk'of the county of New York on the 21st day of July, 1913, denying appellant’s motion to direct the clerk of the county of New York to satisfy a certain judgment and to restrain the sheriff from making further collections under an execution issued thereon pursuant to section 1391 of the Code of Civil Procedure and to compel him to…
Read the full summary
Appeal by the defendant, James Barry, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk'of the county of New York on the 21st day of July, 1913, denying appellant’s motion to direct the clerk of the county of New York to satisfy a certain judgment and to restrain the sheriff from making further collections under an execution issued thereon pursuant to section 1391 of the Code of Civil Procedure and to compel him to return moneys collected in pursuance of said execution.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for a malicious abuse of legal process. There have been two trials. The first resulted in a judgment dismissing the complaint, but upon appeal the same was reversed and a new trial ordered as to the present appellant and the defendant Soper. It is unnecessary to state the facts, since they are substantially the same as alleged in the complaint and which are fully set forth in the opinion delivered on the former appeal. (Foy v. Barry, 87 App. Div. 291.) Upon the second trial a verdict was rendered in favor of the plaintiff against Soper for $250 and…
2Cases cited6 opinions
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Parks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Parks v. . City of New YorkNew York Court of Appeals · 1907
- Foy v. BarryAppellate Division of the Supreme Court of the State of New York · 1903
- Brogan v. HananAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Rathbone v. Detroit United RailwayMichigan Supreme Court · 1915
- Sarine v. American Lumbermen's Mutual Casualty Co. of IllinoisAppellate Division of the Supreme Court of the State of New York · 1940
- Chrudinsky v. EvansOregon Supreme Court · 1917
- Goines v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1958
3 more not listed; retrieve them via the Exa API.