Smith v. Allen
New York Court of Common Pleas
This was an action in the nature of trover, to recover the value of property levied upon by a constable, under an execution issued upon a judgment of the Marine Court, in favor of one of the defendants, against the plaintiff.
Read the full summary
This was an action in the nature of trover, to recover the value of property levied upon by a constable, under an execution issued upon a judgment of the Marine Court, in favor of one of the defendants, against the plaintiff. The date of the judgment, execution, and levy was September 15, 1851. On the 18th, while the property was in the constable’s hands, an appeal to this court was perfected, and a copy of the undertaking, provided in §§ 355 and 356 of the Code, was certified by the court below, and served upon the officer holding the execution, in pursuance of § 357. The property was at the…
1Opinion of the CourtWoodruff, J.
It is not doubted by the counsel for the respondent in this case, that all proceedings under the execution issued on the judgment rendered in the Marine Court were stayed, by perfecting the appeal and the service of a certified copy of the undertaking thereon upon the officer who held the execution. In this respect the effect of such service is declared in the Code, (§ 357,) in almost the very- words employed in the Revised Statutes in declaring the effect of the allowance of a writ of error and an order to stay proceedings upon such judgment. (2 R. S. 597, § 30.) *261Nor that before the Revised…
2Cases cited6 opinions
- People v. Judges of New-York Commom PleasNew York Supreme Court · 1828
- Blanchard v. MyersNew York Supreme Court · 1812
- Mitchell v. ThorpNew York Supreme Court · 1830
- Tillotson v. DoeIndiana Supreme Court · 1841
- Kinnie v. WhitfordNew York Supreme Court · 1819
1 more not listed; retrieve them via the Exa API.