Blair v. Flack
New York Supreme Court
Appeal from circuit court, Kew York county. Action by Alfred A. Blair and another against James A. Flack, late sheriff of the city and county of Sew York, for a false return of nulla bona on an execution. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtBarrett, J.
This is an action against the late sheriff, Flack, in substance, for a false return. The facts are peculiar, and must be somewhat fully stated to appreciate the question mainly presented upon this appeal. On the 23d of *65January, 1889, the plaintiffs obtained a warrant of attachment for $1,156.15 against the property of a foreign corporation known as the “Illustrated News Company.” This warrant was at once delivered to the then sheriff, (Flack,) who, upon the same day, through one of his deputies, served a copy of the warrant, with the usual notice, upon a warehouseman named Hobby. Mr. Hobby…
2Cases cited2 opinions
- Mumper v. . RushmoreNew York Court of Appeals · 1879
- Lummis v. KassonNew York Supreme Court · 1864
3Cited by1 opinion
- Blair v. FlackNew York Supreme Court · 1893