Smith v. Geraty
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, third district, borough of Manhattan.
1Concurrence
Seabury, J. (concurring).
The facts of this case are stated in the opinion rendered upon a former appeal. 58 Misc. Rep. 556. Upon the first trial and again on the second trial, it was shown that the marshal did not file his return of execution as required by law. Upon the last trial, which we are now called upon to review, it was proved that the defendant did not collect anything upon the execution. Upon this evidence the court below gave judgment for the defendant. There was no proper proof before the court to show that the defendant even attempted to collect the amount of the execution. In…
2Cases cited2 opinions
- Curry v. FarleyNew York Court of Common Pleas · 1879
- Smith v. GeratyAppellate Terms of the Supreme Court of New York · 1908