Blair v. Flack
New York Supreme Court
Appeal from circuit court, New York county. Action by Alfred A. Blair and another against James A. Flack, late sheriff of the city and county of New York, for a false return of nulla bona on an execution. Plaintiffs had judgment, from which, and an order denying a new trial, defendant appeals. Affirmed. For report of former appeal, see 17 N. Y. Supp. 64.
1Opinion of the CourtO’Brien, J.
This action has been tried three'times, and reviewed once by this court, (62 Hun, 509, 17 N. Y. Supp. 64,) the opinion giving a full and explicit statement of the facts upon which the issues between the *755parties were formed. Since the appeal the pleadings have been amended; changing, to some extent, the issues. But as the principal issues were correctly defined in the former opinion, and the views therein expressed were availed of by the learned trial judge upon this last trial in such a way that no exception to his charge was taken, the only questions left upon this appeal are such as are…
2Cases cited1 opinion
- Blair v. FlackNew York Supreme Court · 1891