Stief v. . Hart
New York Court of Appeals
Error from the Supreme Court. Stief brought replevin for a quantity of caps and muffs, which the defendant as Sheriff of the city and county of Hew York, had levied upon and taken possession of under an execution against the property of Ezra Willmarth, Jr. Issue being joined, the cause was tried at the Hew York Circuit in April, 1843.' On the trial it was shewn that when the Sheriff took the goods, they were in possession of the plaintiff as a pledge for the payment of a…
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Error from the Supreme Court. Stief brought replevin for a quantity of caps and muffs, which the defendant as Sheriff of the city and county of Hew York, had levied upon and taken possession of under an execution against the property of Ezra Willmarth, Jr. Issue being joined, the cause was tried at the Hew York Circuit in April, 1843.' On the trial it was shewn that when the Sheriff took the goods, they were in possession of the plaintiff as a pledge for the payment of a note which the plaintiff held against Willmarth. The Circuit Judge charged the jury that a Sheriff holding an execution…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The decision of the question presented by the exception in this case, depends upon the construction of the 20th section of 2d Revised Statutes, page 366, taken in connexion with sections 18, 19, 21 and 23.
"SEC. 18. Upon executions against the property of a defendant, the officer shall levy upon any current gold or silver coin belonging to the defendant, and shall pay and return the same as so much money collected without exposing the same for sale at auction.
"SEC…
2Cases cited1 opinion
- Walsh v. AdamsNew York Supreme Court · 1846
3Cited by23 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Mayor, Etc., of N.Y. v. . SandsNew York Court of Appeals · 1887
- Skinner v. SpannIndiana Supreme Court · 1911
- Carples v. Cumberland Coal & Iron Co.New York Court of Appeals · 1925
- Manhattan Taxi Service Corp. v. Checker Cab Manufacturing Corp.New York Court of Appeals · 1930
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