Wild v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William C. Porter, sheriff of Delaware county, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 13th day of Hay, 1897, upon the verdict of a jury directed by the court, with notice of an intention to bring up for review upon such, appeal an order entered in said clerk’s office on the 13th day of May, 1897, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, William C. Porter, sheriff of Delaware county, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 13th day of Hay, 1897, upon the verdict of a jury directed by the court, with notice of an intention to bring up for review upon such, appeal an order entered in said clerk’s office on the 13th day of May, 1897, denying the defendant’s motion for a new trial made upon the minutes. This action is to replevy certain property taken by the defendant, as sheriff of Delaware county, upon an…
1Opinion of the Court
Parker, P. J.:
This case was decided solely upon the ground that the judgment, under which defendant justified the levy complained of, was utterly void.
The question as to whether the plaintiff had in fact taken possession of the property before the levy was not considered by the court or the jury; nor were the questions whether George Cornell Was a creditor of Aylesworth, the mortgagor, prior to the confession of this judgment, and, if so, how long he had been such; nor whether the indebtedness for which the judgment was confessed had existed against Aylesworth prior to his default in the…
2Cases cited2 opinions
- Critten v. . VredenburghNew York Court of Appeals · 1897
- Critten v. VredenburghAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Wild v. PorterAppellate Division of the Supreme Court of the State of New York · 1901