Pitman v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Reginald E. A. Pitman, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the cleric of the county of Dutchess' on the 1st day of June, 1909, staying a sale under an execution.
1Dissent
Burr, J. (dissenting):
I agree with the other members of the court that the defendant Caroline A. Smith is entitled to relief restraining the plaintiff from *907proceeding, to a sale under execution issued under the judgment recovered by him, but I think that she has mistaken her remedy. Her remedy is by an action to enjoin him from so proceeding, in which action proper security may be given to indemnify the plaintiff for his damages in being restrained from enforcing his legal lien in case it appears that she has no equitable lien. Confusion seems to have arisen in the language of many decisions…
2Cases cited5 opinions
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- David Belasco Co. v. KlawAppellate Division of the Supreme Court of the State of New York · 1904
- Post v. BanksAppellate Division of the Supreme Court of the State of New York · 1901
- Ryan v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1908
- Pike v. WassermanNew York Supreme Court · 1894