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121 A.D. 588

Maucher v. Hartzheim

Appellate Division of the Supreme Court of the State of New York · decided 1907-10-23

<p>County clerk—search. — negligence.</p> <p>A county clerk under requisition to search against Catherine Joyce, wife. o£ ■ Edward Joyce,” is not negligent in failing to list a judgment against “ Cassie Joyce.”</p>

Decided 1907-10-23

Gaynor, J.:

¶1The plaintiff made a requisition on the. defendant, who is the clerk .of Kings county, for a search against “Catherine Joyce, wife of Edward Joyce”, and this action is against' the said clerk for damages for negligence in omitting from his return a judgment against Cassie Joyce. . “ Cassie ” is said to be a diminution of Catherine, like Katie, but if.it be it is not gpnerally known or used as such, We are referred to no authority which would, sustain. the conclusion that the' omission of'the judgment was negligence.

¶2The. judgment is affirmed.

¶3Hirschberg P. J., Woodward, Rich and Miller, JJ., concurred.

¶4Judgment of the Municipal-Court affirmed^ with costs.

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