Winterson v. Hitchings
New York Court of Common Pleas
Appeal from special term. Action by Maria L. Winterson against Hector M. Hitchings and John B. Sexton, as sheriff of the city and county of New York. Judgment was rendered in favor of plaintiff, and defendant Hitchings appeals. This action was, in effect, for restitution, and to restrain the sheriff from executing a deed under a sale already made by him, and to vacate and cancel such sale and the certificate thereof.
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Appeal from special term. Action by Maria L. Winterson against Hector M. Hitchings and John B. Sexton, as sheriff of the city and county of New York. Judgment was rendered in favor of plaintiff, and defendant Hitchings appeals. This action was, in effect, for restitution, and to restrain the sheriff from executing a deed under a sale already made by him, and to vacate and cancel such sale and the certificate thereof. The sale was made in execution of a judgment in Carlson v. Winterson, rendered in favor of plaintiff therein, and assigned to Hector M. Hitchings, who became the purchaser at the…
1Opinion of the CourtGiegerich, J.
Section 1223 of the Code of Civil Procedure declares that:
“Upon an application, by either party, to the court for final judgment, after the decision of an issue at law, as prescribed in the last two sections, the court has the power specified in section 1215 of this act, upon an application for judgment by the plaintiff.”
And section 1215 declares:
“The court must thereupon render the judgment to which the plaintiff is entitled. It may, without a jury, or with a jury, if one is present in court, make a computation or assessment, or take.an account or proof of a fact, for the purpose of enabling…
2Cases cited5 opinions
- Argall v. . PittsNew York Court of Appeals · 1879
- Bullard v. . SherwoodNew York Court of Appeals · 1881
- Frick v. . WhiteNew York Court of Appeals · 1874
- Winterson v. HitchingsNew York Court of Common Pleas · 1894
- Winterson v. HitchingsNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Gorman v. FinnAppellate Division of the Supreme Court of the State of New York · 1900