O'Donnell v. Lindsay
The Superior Court of New York City
In January, 1870, the defendant O’Donnell obtained in the marine court a judgment against the plaintiff, in the sum of one hundred and sixty-four dollars and forty-four cents. The plaintiff appealed from this judgment, and gave, in order to stay proceedings, the usual undertaking to pay the judgment in case of affirmance, with sureties.
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In January, 1870, the defendant O’Donnell obtained in the marine court a judgment against the plaintiff, in the sum of one hundred and sixty-four dollars and forty-four cents. The plaintiff appealed from this judgment, and gave, in order to stay proceedings, the usual undertaking to pay the judgment in case of affirmance, with sureties. On the appeal there was an affirmance on May 27, 1870, and another judgment was entered against the plaintiff for twelve dollars and ninety-four cents, the costs of the appeal. In those proceedings Mr. John Lindsay appeared as attorney for the plaintiff there,…
1Opinion of the Court
Sedgwick, J. (at special term).
The plaintiff claims that the sale made by the sheriff, was i in violation of the thirty-eighth section of 2 R. S. p. 269. That section is—
“ When real estate offered for sale by -virtue of any execution,.shall.consist of several known lots, tracts, or parcels, such- lots,- tracts, or parcels -shall be separately exposed for sale, and if any person claiming to be the owner of any portion of such estate, or of such -lots, tracts, or parcels, or either of them, or'claiming to be entitled by law to redeem any such portion, shall require such portion to be exposed…
2Cases cited18 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Yates v. PeopleNew York Supreme Court · 1810
- Litchfield v. The Register and ReceiverSupreme Court of the United States · 1870
- American Insurance v. OakleyNew York Court of Chancery · 1841
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3Cited by1 opinion
- Moller v. WattsAppellate Division of the Supreme Court of the State of New York · 1900