Legal Opinion

Cudahy v. . Rhinehart

New York Court of Appeals

Decided May 3, 1892PublishedCited by 4 opinions

Appeal from /order of the General Term of the Supreme Court in the second judicial department, made the second Monday of May, 1891, which reversed a. judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and granted a new trial. Said order did not state that the reversal was upon the facts.

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Appeal from /order of the General Term of the Supreme Court in the second judicial department, made the second Monday of May, 1891, which reversed a. judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and granted a new trial. Said order did not state that the reversal was upon the facts. This action was brought to recover damages for an alleged false return of an execution issued to defendant, as sheriff of Kings county, in an action commenced by plaintiffs against John H. Bani and Patrick C. Turner, August 14, 1889. It was admitted upon the trial…

1Opinion of the CourtAndbews, J.

The order of the General Term is general, ■and as it does not state that the reversal was upon the facts, the only question we can consider is whether, upon any question of law presented by any exception, the reversal was justified. It appears from the opinion that the General Term proceeded upon three grounds: (1) that title to the attached property was not shown to have been in Bani & Turner, the defendants in the attachment; (2) that the sheriff demanded of the plaintiffs a bond of indemnity against the seizure of the property, which was refused, and (3) that the bond given by the…

2Cases cited1 opinion

  1. Roberts v. . TobiasNew York Court of Appeals · 1890

3Cited by4 opinions

  1. Lopez v. Merchants & Farmer's National BankAppellate Division of the Supreme Court of the State of New York · 1897
  2. Irilarry v. ByersCalifornia Court of Appeal · 1927
  3. Kowalewska v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
  4. Robertson v. LawtonNew York Supreme Court · 1895

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