Wiener v. Ellrodt

In an action against a sheriff for making a false return, order dismissing complaint on the ground that the action was begun more than one year after it had accrued, and judgment entered thereon, unanimously affirmed, without costs. (Civ. Prac. Act, § 51, subd. 1; Tulloch v. Haselo, 218 App. Div. 313; Conklin v. Draper, 229 id. 227; affd., 254 N. Y. 620; McKay v. Coolidge, 218 Mass. 65.) Present — Lazansky, P. J., Young, Carswell, Scudder and Johnston, JJ.