Wilson v. Wright
New York Supreme Court
This is an application for an attachment against the sheriff of Dutchess county, to compel him to return an execution in the above entitled cause. The execution was delivered to the sheriff by the plaintiffs’ attorneys ■ on the 13th of January last. An execution on a prior judgment had been delivered to the sheriff four days before. The defendant had in November preceding executed a general- assignment to one Heath, who had sold the goods assigned to Price & Southwick.
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This is an application for an attachment against the sheriff of Dutchess county, to compel him to return an execution in the above entitled cause. The execution was delivered to the sheriff by the plaintiffs’ attorneys ■ on the 13th of January last. An execution on a prior judgment had been delivered to the sheriff four days before. The defendant had in November preceding executed a general- assignment to one Heath, who had sold the goods assigned to Price & Southwick. The plaintiffs in this action indemnified. the sheriff. He levied and sold enough to satisfy the execution, and soon after,…
1Opinion of the Court
Dean, Justice.
A sheriff is hound by law to return an execution according to the requisition of the statute, at his peril. If he neglects it, he renders himself liable to an attachment oi an action at the election of the party aggrieved; and in all cases the onus is on the sheriff to excuse the default. . •
In this case the sheriff comes in and shows by affidavit that he has been sued for the money, and also that a portion of it is claimed by a prior judgment creditor. Under these circumstances, I think it clear that the rights of the several parties cannot he settled by this motion; and that…
2Cases cited3 opinions
- Evans v. ParkerNew York Supreme Court · 1838
- Newland v. BakerNew York Supreme Court · 1839
- Camp v. McCormickCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Howard v. ProskauerMississippi Supreme Court · 1879
- Ansonia Brass & Copper Co. v. ConnerNew York Court of Common Pleas · 1883
- Buckley v. SharpeNew York Supreme Court · 1921