City of New York Municipal Court March 10, 1891 (Van Praag v. Flack)

McGown, J.

The only questions of fact in dispute herein, upon which it was necessary for the jury to pass, were as to whether there was any property in the possession of Schurtz, the defendant in the judgment, at the date of the receipt of the execution by the sheriff, subject to levy and sale under the execution, and as to whether the attorney of the plaintiffs had authorized or requested the