Flanagan v. Tinen
New York Supreme Court
MOTION for leave to issue execution. The action was brought, in October, 1864, to recover damages for an alleged assault and battery, committed by the defendant, Bridget Tinen.
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MOTION for leave to issue execution. The action was brought, in October, 1864, to recover damages for an alleged assault and battery, committed by the defendant, Bridget Tinen. Issue was joined, and a trial had in March, 1866, and a verdict rendered in favor of the plaintiff .for $50 damages, for which sum, with costs, judgment was entered on the 1st day of March, 1866. On the same day a fi.fa. was issued on said judgment, to the sheriff of Jefferson county, which, on the 7th of January, 1867, was returned wholly unsatisfied. On the 13th day of June, 1866, Timothy Tinen, one of the…
1Opinion of the CourtMullin, J.
The injury for which the action was brought was done by the wife alone ; and for that injury both the husband and wife were liable. (1 Chitty’s Pl. 82.) The judgment being against both, the execution must follow it, and direct the collection of damages and costs out of the property of both.
The judgment became a lien on the real estate of which the husband was owner at the time of the rendition thereof, and on such as he thereafter acquired. The execution having issued during his life, it was competent for the sheriff to have seized and sold the real estate, and out of the avails to have paid…
2Cited by5 opinions
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- Peak v. LemonNew York Supreme Court · 1869
- Roberts v. . LisenbeeSupreme Court of North Carolina · 1882
- Marine Bank of Chicago v. Van BruntNew York Supreme Court · 1872
- Kenney v. GeogheganCity of New York Municipal Court · 1886