United States v. Morris
U.S. Circuit Court for New York
This was an action of trespass on the case, for the misfeasance of the defendant in discharging certain goods from a levy, which he had made as marshal of the Southern district of New York, under an execution issued upon a judgment of the plaintiffs, and restoring the goods so levied upon, to the debtors.
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This was an action of trespass on the case, for the misfeasance of the defendant in discharging certain goods from a levy, which he had made as marshal of the Southern district of New York, under an execution issued upon a judgment of the plaintiffs, and restoring the goods so levied upon, to the debtors. Before the commencement of the action, an order had been obtained from Mr. Justice LIVINGSTON, on an affidavit stating the cause of action, and that the district attorney of the United States for this district had refused to act as attorney in the suit, or allow his name to be used;…
1Opinion of the Court
LIVINGSTON, Circuit Justice.
This is an action on the case for a misfeasance against the defendant as marshal of the Southern district of New York. The plaintiffs declare, that in September term, 1817, the district court for the district of Maine rendered judgment in their favour against Andrew Ogden, Abraham K. Smedes, and Thomas C. Butler, for 22,361 dollars 75 cents debt or damages, and also for costs, which judgment in part, that is, for 11,180 dollars 87 cents remains unsatisfied. That on the 11th September, 1818, the plaintiffs issued an execution out of said court for this sum, directed…
2Cited by5 opinions
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