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Wiener v. Ellrodt

Court of Appeals of the State of New York
Oct 15, 1935
268 N.Y. 646 (N.Y. 1935)
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Summary

In Wiener v. Ellrodt, 268 N.Y. 646, 198 N.E. 537, affirming 243 App. Div. 820, 278 N. Y.S. 458, a sheriff had falsely certified that he had served papers in an action by Wiener against one Ravekes and was sued for damages by Wiener because he had made a false return.

Summary of this case from Ingo v. Koch
See 3 Summaries

Opinion

Argued September 30, 1935

Decided October 15, 1935

Appeal from the Supreme Court, Appellate Division, Second Department.

Jacob I. Wiener in person, Jack Low and Joseph Melcer for appellant.

John A. Krug and William A. Davidson for respondent.

Judgment affirmed, without costs; no opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.

Summaries of

Wiener v. Ellrodt

Court of Appeals of the State of New York
Oct 15, 1935
268 N.Y. 646 (N.Y. 1935)

In Wiener v. Ellrodt, 268 N.Y. 646, 198 N.E. 537, affirming 243 App. Div. 820, 278 N. Y.S. 458, a sheriff had falsely certified that he had served papers in an action by Wiener against one Ravekes and was sued for damages by Wiener because he had made a false return.

Summary of this case from Ingo v. Koch

In Wiener v. Ellrodt, 268 N.Y. 646, 198 N.E. 537, the facts were these: Wiener had sued a Mrs. Ravekes; the sheriff had served the papers on her husband, Mr. Ravekes, who had promised to deliver them to his wife; the return as filed, had incorrectly shown service on Mrs. Ravekes.

Summary of this case from Ingo v. Koch

In Wiener v. Ellrodt (268 N.Y. 646, affg 243 App. Div. 820), the act of a Sheriff in falsely attesting that he had made personal service of process was held to be an act within the Sheriff's official capacity, so that the shorter limitation period provided in Civil Practice Act § 51 (1) (the predecessor of CPLR 215) should apply.

Summary of this case from Jemison v. Crichlow
Case details for

Wiener v. Ellrodt

Case Details

Full title:JACOB I. WIENER, Appellant, v. LOUIS N. ELLRODT, Individually and as…

Court:Court of Appeals of the State of New York

Date published: Oct 15, 1935

Citations

268 N.Y. 646 (N.Y. 1935)
198 N.E. 537

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