Legal Opinion

Rosenfield v. Palmer

New York Court of Common Pleas

Decided May 15, 1874Published

Appeal by the plaintiffs from a judgment of the general term of the Marine Court, reversing a judgment of that court in their favor. The action was for trespass. Defendant justified under an execution against the plaintiffs. The facts are stated in the opinion.

1Opinion of the CourtJ. F. Daly, J.

On March 25, 1871, the defendant herein, Justus Palmer, recovered a judgment against the plaintiffs herein in the Supreme Court for the sum of $772 46. An appeal was taken from said judgment to the general term of the Supreme Court, and it is alleged that all proceedings on said judgment were stayed by filing the proper undertaking. The said judgment was affirmed by the general term, and an order of affirmance made and entered. Before any judgment roll was made up on said affirmance, and before any judgment for costs of appeal was entered, the defendant herein, plaintiff in said original…

2Cases cited6 opinions

  1. Woodcock v. BennetNew York Supreme Court · 1823
  2. Landt v. HiltsNew York Supreme Court · 1855
  3. Reynolds v. CorpNew York Supreme Court · 1805
  4. Hall v. MungerNew York Supreme Court · 1871
  5. McMahon v. HarrisonNew York Court of Appeals · 1851

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