Earl v. Camp & Stone
New York Supreme Court
This was an action of trespass, tried at the Tompkins circuit in June, 1834, before the Hon. Robert Monell, one of the circuit judges.
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This was an action of trespass, tried at the Tompkins circuit in June, 1834, before the Hon. Robert Monell, one of the circuit judges. The plaintiff, as a constable, on the 23d March, 1833, levied upon certain goods and chattels as the property of one Thomas Post, by virtue of an attachment issued by a justice of the peace against Post, as having departed the county with the intent to defraud his creditors or to avoid the service of civil process, at the suit of Timothy Burr and William Burr; and on the same day he also levied upon the same property by virtue of three other attachments…
1Opinion of the Court
By the Court, Co wen, J.
The attachments and executions under which the parties claim are but a series of nullities, 2 R. S. 162, § 27, 28; id. 273, § 271; Act of April 26, 1831, to abolish imprisonment, § 35; Smith v. Luce, 14 Wendell, 237; 2 R. S. 202, § 294, 2d ed.; Sess. Laws, 1831, p. 404, § 35; Adkins v. Brewer, 3 Cowen, 206, 208, 9, and the cases there cited; and neither they nor any levy under them created any right of action in favor of the plaintiff, nor defence for the other side. No actual possession taken by the plaintiff, independent of the attachments, was shown or relied on by…
2Cases cited9 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Marshall v. DavisNew York Supreme Court · 1828
- McGuinty v. HerrickNew York Supreme Court · 1830
- Smith v. LuceNew York Supreme Court · 1835
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3Cited by51 opinions
- Mays v. SudderthCourt of Appeals for the Fifth Circuit · 1996
- Howland v. . WillettsNew York Court of Appeals · 1853
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1887
- Sprague v. BirchardWisconsin Supreme Court · 1853
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