Bowne v. O'Brien — 41 N.Y. Super. Ct. 539

Majority

p. 539

JAMES WALTER BOWNE, Plaintiff and Respondent, v. JAMES O’BRIEN, Defendant and Appellant.

Before Monell, Ch. J., and Curtis, J.

Decided, April 3, 1870.

Headnote

STATUTE OF LIMITATIONS.

1. Sheriff; short statute of limitations of 1871, p. 1694.

1. Action against sheriff for damage for selling several lots of real estate in one parcel.

(a) Came of action, when it arises.

When the damages claimed consist of counsel fees and expenses incurred on a motion to set aside the sale, the cause of action arises when the motion is made.

2. Act of 1871, when it attaches.

The motion to set aside having been made after the act of 1871 the statute attaches to the claim for counsel fees and expenses thereon.

wrote for reversal, laying down the propositions contained in the head-note.

Sedgwick, J., concurred.

Judgment reversed, and new trial ordered with costs to the appellant to abide the event.