General

Calvin L. Hathaway, Respondent, v. Edwin W. Howell, Appellant

70 N.Y. 610·New York Court of Appeals·1877·NY

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Opinion

Calvin L. Hathaway, Respondent, v. Edwin W. Howell, Appellant. (Argued June 13, 1877; decided September 18, 1877.) This case is reported on a former appeal. (54 N. Y., 97.) The court here simply passed upon a question of fact, to wit: As to whether a levy was made by defendant as sheriff after an execution in his hands became operative. The court held with the General Term that no levy was made; and that, in view of the law of the case as adjudged upon the former appeal, this disposed of the case, and no other question was therefore considered. J. McGuire, for appellant. Milo Goodrich, for respondent. [MAJORITY — Folger, J.,] Folger, J., reads for affirmance of order of General Term, and for judgment absolute against defendant.' All concur. Order affirmed, and judgment accordingly.