Bergman v. Noble
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff entered upon tbe verdict of a jury, and from an order denying a motion for a new trial made upon tbe minutes of the justice before whom tbe action was. tried.
1Opinion of the Court
Van Brunt, P. J.:
Tbe principal question presented upon tbis apjDeal is was tbe execution under wbicb tbe plaintiff was arrested a void or simply a voidable process. If tbe execution was void it afforded no protection to a party acting under it, and it was not necessary to set it aside before bringing action; but if tbe writ was irregular only, and not absolutely void, no action lies until it bas been set aside; but wben set aside it ceases to be a protection for acts done under it while in force. (Day v. Bach, 87 N. Y., 56.)
Tbe facts out of wbicb tbe above question arose seem to be about as…
2Cases cited4 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Day v. . BachNew York Court of Appeals · 1881
- Simpson v. HornbeckNew York Supreme Court · 1870
3Cited by2 opinions
- Dunham v. . ReillyNew York Court of Appeals · 1888
- Goldman v. KennedyNew York Supreme Court · 1888