Ansonia Brass & Copper Co. v. Conner
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the City of New York affirming a judgment of that court entered upon findings by the court. The action was commenced January 27th, 1876, to recover damages against defendant’s testator, Wm.
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Appeal from a judgment of the General Term of the Marine Court of the City of New York affirming a judgment of that court entered upon findings by the court. The action was commenced January 27th, 1876, to recover damages against defendant’s testator, Wm. C. Conner, as sheriff of the City and County of New York, for failure to return an execution against Charles G. Wilson upon a judgment recovered by plaintiff against him, which execution was issued to the sheriff on the 22d day of November, 1875. The cause was tried by a judge without a jury, who found as matter of fact and law at the…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as —The-sh eriff is entitled to an allowance for the time he is actually stayed by order of the court. The code in force when this action was brought provided that “ the execution shall be returnable within 60 days after its receipt by the officer.” The 60 days thus allowed by law to the sheriff is for his benefit, to prevent an action or compulsory proceeding against him before he has had a reasonable time to execute the process (Renaud v. O'Brien, 35 N. Y. 99). This time allowed by statute to the officer cannot, of course, be abridged by any order of any court; yet…
2Cases cited18 opinions
- Marshall v. KnoxSupreme Court of the United States · 1873
- Smith v. MasonSupreme Court of the United States · 1871
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1810
- Hall v. TuttleNew York Supreme Court · 1829
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