Saunders v. . Reilly
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 4, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the trial court. The nature of the action and the material facts are stated in the opinion. The only creditor a sheriff, armed with process, under which he is about to sell property, can regard is a judgment creditor or attachment creditor.
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Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 4, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the trial court. The nature of the action and the material facts are stated in the opinion. The only creditor a sheriff, armed with process, under which he is about to sell property, can regard is a judgment creditor or attachment creditor. (Greenwood v. Brodhead, 8 Barb. 596, 597; Crock. on Sher. § 451; Free, on Exec. § 110; Handy v. Dobbins, 12 Johns. 220.) Under an…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiffs against the defendant, late sheriff of the city and county of Hew York, to recover damages against him for making a false return to an execution issued upon a judgment recovered by the plaintiffs against William T. Tooker and Thomas J. Irwin, who were partners under the firm name of Tooker & Irwin. The action was put at issue by the answer of the defendant, and brought to trial at a Circuit Court, and the trial judge, after the close of the evidence, directed a verdict for the plaintiffs. The defendant appealed from the judgment entered upon that…
2Cases cited7 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
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3Cited by37 opinions
- Bernheimer v. . RindskopfNew York Court of Appeals · 1889
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Vietor v. GloverWashington Supreme Court · 1897
- Durant v. . PiersonNew York Court of Appeals · 1891
- Thayer v. HumphreyWisconsin Supreme Court · 1895
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