Codwise v. Field
New York Supreme Court
A MOTION was made to set aside the ca. sa. issued to the sheriff of New-York in this cause, and all subsequent proceedings, * . , and that the sheriff pay the amount of the money levied on the ca. sa. to the defendant.
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A MOTION was made to set aside the ca. sa. issued to the sheriff of New-York in this cause, and all subsequent proceedings, * . , and that the sheriff pay the amount of the money levied on the ca. sa. to the defendant. From the affidavits which were read, it appeared that a ca. sa. issued against the defendant, who was sheriff of Dutchess county, is v at the suit of the plaintiff, directed to the coroner, who, on the 3d April, 1811, gave to the sheriff a receipt in full, of the debt and costs on the ca. sa. No money was actually paid by the sheriff but the coroner being indebted to him for…
1Per curiam
There was no payment or satisfaction of the iirst execution. Admitting that the coroner was authorized to receive the debt in money, as we think he was; yet it must be an actual and absolute payment in cash to him for the plaintiff The motion must be denied.
Motion denied.
2Cited by8 opinions
- Bank of Orange County v. WakemanNew York Supreme Court · 1823
- Griswold v. HillU.S. Circuit Court for New York · 1825
- Bowe v. CampbellNew York Supreme Court · 1882
- Hood v. MooreIllinois Supreme Court · 1847
- Langdon v. HathawaySuperior Court of New Hampshire · 1819
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