Legal Opinion
Bechstein v. Sammis
New York Supreme Court
Decided May 15, 1877Published
Appeal from a judgment for costs in favor of the defendant, entered upon the report of a referee.
1Opinion of the Court
Barnard, P. J.:
The plaintiffs, on the 28th September, 1875, recovered a verdict against Henry Hodfield and John W. Hodfield for $3,071.04. On the next day an execution was delivered to the sheriff of Queens county, where a transcript of the judgment had been filed. The sheriff did not return the execution within the sixty days. The plaintiffs brought this action against him for this neglect. After the action was brought, and before its trial, the sheriff returned the execution to the clerk’s office with his return of nulla Iona indorsed thereon. Upon the trial the plaintiff proved the…
2Cases cited5 opinions
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
- Board of Water Com. of Cohoes v. . LansingNew York Court of Appeals · 1871
- Henderson v. HendersonNew York Supreme Court · 1852
- Glover v. WhittenhallNew York Supreme Court · 1846
- Russell v. GrayNew York Supreme Court · 1851