Robinson v. . Brennan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 11, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It is the duty of a sheriff to obey the instructions of the party issuing the execution.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 11, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It is the duty of a sheriff to obey the instructions of the party issuing the execution. (Root v. Wagner, 30 N. Y. 1; Gorham v. Gale, 7 Cow. 739; McKinley v. Tucker, 6 Lans. 214; Smith v. Smith, 60 N. Y. 161; Sherry v. Schuyler, 2 Hill, 204.) Where the party issuing execution gives directions to the deputy, he…
1Opinion of the CourtEarl, J.
This action was brought against Matthew T. Brennan in his life-time to recover damages against him on account of a false return upon two executions isstied to him as sheriff of the city and county of Hew York, in two actions wherein John H. Johnson was the plaintiff and Josiah H. Baker was the defendant. The judgments had been recovered on the 23d of July, 1873, one for upwards of $1,000 and the other for upwards of $300. On the same day executions were issued to the sheriff, each subscribed by Henry O. Dennison, as attorney for the plaintiff, and on the seventh day of August thereafter the…
2Cases cited2 opinions
- Cook v. DickersonThe Superior Court of New York City · 1853
- Thorp v. FowlerNew York Supreme Court · 1826
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- Peirson v. Lloyds First Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1933
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