Crofut v. Brandt
New York Court of Common Pleas
Appeal from a retaxation of a sheriff’s bill, made at special term. The execution in this case was issued out of this court to the sheriff of New York county, against the property of the defendant, upon a judgment of the Marine Court, which, by virtue of the filing of a transcript in the office of the clerk of the city and county of New York, under the provisions of § 68 of the Code, bad become a judgment of this court.
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Appeal from a retaxation of a sheriff’s bill, made at special term. The execution in this case was issued out of this court to the sheriff of New York county, against the property of the defendant, upon a judgment of the Marine Court, which, by virtue of the filing of a transcript in the office of the clerk of the city and county of New York, under the provisions of § 68 of the Code, bad become a judgment of this court. The execution was for $989 31, and interest from July 9th, 1872, and on the day following the sheriff levied on sufficient property of the defendant (consisting of straw and…
1Opinion of the CourtJ. F. Daly, J.
The facts appear in the opinion of the judge at special term, whose order is appealed from. For the reasons stated in that opinion, the order should be affirmed. The authorities cited by the sheriff on the argument before us *126do not conflict (except the case of Smith v. Birdsall, 9 Johns. 328, of which, notice is taken below) with the conclusion therein arrived at. In Gallagher v. Egan (2 Sandf. 744), the plaintiff, in an action for the foreclosure of a mortgage, was allowed to tax, as a disbursement, 37i cents each for serving notices of object of action. The sheriff served the notices, and…
2Cases cited8 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- People ex rel. Hilton v. Supervisors of AlbanyNew York Supreme Court · 1834
- Gallagher v. EganThe Superior Court of New York City · 1850
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3Cited by1 opinion
- O'Connor v. O'ConnorThe Superior Court of New York City · 1881