Stevens v. Rowe
New York Supreme Court
Case, tried at the Oswego circuit, in June, 1844, before Gridley, C. Judge. The declaration sets out the recovery in this court of a judgment by the plaintiffs against Baldwin &, Neilson, and the delivery of a ji. fa. thereon to the defendant as sheriff of Oswego county.
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Case, tried at the Oswego circuit, in June, 1844, before Gridley, C. Judge. The declaration sets out the recovery in this court of a judgment by the plaintiffs against Baldwin &, Neilson, and the delivery of a ji. fa. thereon to the defendant as sheriff of Oswego county. One count alleges that the defendant levied and made the amount of the execution of the personal property of the defendants therein, but that not regarding his duty, &c. the defendant had not the money so levied or any part thereof before the justices, &c. at the return day; nor had he'paid the same to the plaintiffs; nor had…
1Opinion of the Court
By the Court, Beardsley, J.
The declaration alleges that the defendant, being sheriff of the county of Oswego, did not duly return the writ of Ji. fa. placed in his bands for collection, but failed so to do. It also alleges that he collected the amount of said execution, but had not the money so collected, in court at the return day thereof; nor had he paid the said money to the plaintiffs. There is also aii averment that the defendants in said writ of fi. fa. had personal property out of which the defendant might have levied and made the amount to be collected, but that he neglected so to do.…
2Cases cited3 opinions
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3Cited by10 opinions
- Carpenter v. . StilwellNew York Court of Appeals · 1854
- Ledyard v. . JonesNew York Court of Appeals · 1852
- Metcalf v. . StrykerNew York Court of Appeals · 1864
- Wright v. WhitingNew York Supreme Court · 1863
- Humphrey v. HathornNew York Supreme Court · 1857
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