Cross v. Williams
New York Supreme Court
Appeal from a judgment, entered on a verdict rendered at the Steuben circuit, in an action brought to recover damages against the defendant, as sheriff of Steuben county, for a false return (of no property) of an execution, directing the sheriff to levy $181.42 damages and costs, with interest from June 6, 1876, besides sheriff’s fee, &c., and returned by him unsatisfied.
1Opinion of the CourtSmith, J.
The action is for an alleged false return of nulla bona to an execution, issued to the defendant as sheriff upon a judgment in favor of the present plaintiffs against James B. Cross. There was a conflict of evidence on the trial as to whether certain personal property which the plaintiffs claimed belonged to Cross, was in fact his, or whether he had parted with the title to it. That question was submitted to the jury. The defendant gave evidence tending to show that before the plaintiffs execution was received by him, two other executions had been delivered to him upon prior judgments against…
2Cases cited2 opinions
- Lummis v. KassonNew York Supreme Court · 1864
- Paton v. WesterveltThe Superior Court of New York City · 1850