Legal Opinion

Oakley v. Becker

New York Supreme Court

Decided February 15, 1824PublishedCited by 2 opinions

Judgment for the plaintiff in each cause. A ji. fa. in favor of Peckham was delivered to the Sheriff April 29th, 1823, for $1000 debt and $15 25 costs : and afterwards the Sheriff received another ft. fa. in favor of Oakley, for $1454, debt, and $16 34 costs. The Sheriff having sold the personal property of the defendant, and that not being sufficient to satisfy the executions.

1Opinion of the Court

[Sutherland, J.

But can a third person avail himself of this irregularity ?

Woodworth, J.

If the Sheriff had sold without any alteration, we should have amended thefi. fa. on the plaintiff’s application.]

Yanderpoel. True, if this had been a mere mistake, but it is not so. The variance is owing to the party’s own culpable precipitancy.

[Woodworth, J.

I do not see how this variance can work any injury to you.]

*456Vanderpoel. I \ra not aware that the Court have ever gone so far as to st y that a third person cannot take advan tage of such an irregularity.

[Sutherland, J.

It seems to me the defendant had a…

2Cited by2 opinions

  1. Wright v. . NostrandNew York Court of Appeals · 1883
  2. Christal v. . KellyNew York Court of Appeals · 1882

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