Slingerland v. Bronk
New York Supreme Court
This action was brought to recover a statute penalty of titty dollars for taking down and destroying a notice of sheriff’s sale. The judgment was taken by default before the justice in the court below, and the appeal therefrom was brought upon questions of law only. Notice of appeal contains eight grounds of error. 4th, 5th and 6th grounds of error are as follows : “ 4th.
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This action was brought to recover a statute penalty of titty dollars for taking down and destroying a notice of sheriff’s sale. The judgment was taken by default before the justice in the court below, and the appeal therefrom was brought upon questions of law only. Notice of appeal contains eight grounds of error. 4th, 5th and 6th grounds of error are as follows : “ 4th. That improper, illegal and irrelevant evidence was admitted by the said justice on the trial of said cause, on the part of the plaintiff in the absence of the said defendant. “ 5th. That the said judgment is against the law…
1Opinion of the Court
By the Court, Manley B. Mattice, Co. J.
This action was brought to recover a penalty against the defendant of fifty dollars for taking and destroying a sheriff’s “ notice of sale ” under an execution.
The defendant did not appear on the trial of cause. The justice rendered judgment against the defendantffor fifty dollars and costs.
*410The defendant, in his notice of appeal, states “ that improper, illegal and irrelevant ■ evidence was admitted by the said justice on the trial of said cause, on the part of the plaintiff, in the absence of said defendant.”
The notices of sale, posted by the sheriff,…
2Cases cited1 opinion
- Avery v. WoodbeckNew York Supreme Court · 1872
3Cited by2 opinions
- In re Davis' EstateNew York Supreme Court · 1895
- White v. MarshallCuyahoga Circuit Court · 1902