Browning v. Hanford
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The defendant was sped for not collecting an execution, to him directed, against one Rosenbury, for f>806,24. The declaration contained two counts: the first alleged a levy upon sufficient property to satisfy the execution, and a neglect to return it; the second, a neglect to levy before the return day, although there was sufficiént goods of the defendant' to satisfy it. The cause has been x tWice before the supreme court.
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Error from the supreme court. The defendant was sped for not collecting an execution, to him directed, against one Rosenbury, for f>806,24. The declaration contained two counts: the first alleged a levy upon sufficient property to satisfy the execution, and a neglect to return it; the second, a neglect to levy before the return day, although there was sufficiént goods of the defendant' to satisfy it. The cause has been x tWice before the supreme court. (5 Hill, 588, and 7 Id. 120.) Upon a denial of the motion' for a new trial upon the case made at the second trial, (7 Hill 120,) the case was…
1Opinion of the Court
Putnam, Senator.
How far the sheriff’s return is evidence per se to facts exculpating him from liability, is not very clearly settled. It is evidence for him as to those acts and doings, which have respect to his official duties, arising under the mandatory part of the "process. For instance, the indorsement of the time of receiving the writ, and the act of levying and the goods levied on, is a statement of official acts which the writ requires, and should be allowed as evidence in his favor, subject nevertheless to be impeached. The subsequent destruction of the property levied upon, whether…
2Cited by13 opinions
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- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- Saranac Land and Timber Co. v. . RobertsNew York Court of Appeals · 1913
- Moore v. . WesterveltNew York Court of Appeals · 1860
- Hartleib v. McLane's AdministratorsSupreme Court of Pennsylvania · 1863
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