Hathaway v. . Howell
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the sixth judicial district, affirming a judgment in favor of defendant, entered on the report of a referee. This action was brought to recover the possession of a quantity of household furniture and other personal property, of the value of $10,000. The property, on the 26th of May, 1866, belonged to one Christopher Slater.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court, in the sixth judicial district, affirming a judgment in favor of defendant, entered on the report of a referee. This action was brought to recover the possession of a quantity of household furniture and other personal property, of the value of $10,000. The property, on the 26th of May, 1866, belonged to one Christopher Slater. The plaintiff makes title to it by virtue of a chattel mortgage, executed by Slater to the plaintiff, on that day, to secure the payment of a pre-existing debt of $12,000, due from Slater to him. On the…
1Concurrence
In order to sustain the judgment in this case, we are asked to decide that an attorney may place an execution against the property of a debtor, in the hands of a sheriff before a judgment is entered according to the statute, in the proper public office, and that the execution will become valid process if a judgment shall thereafter be duly filed and docketed. It was held by the Supreme Court, that the execution issued and levy made on the evening of the 26th of May, 1868, were void, but that the judgment record having been found in the proper clerk's office on the following Monday morning…
2Cases cited4 opinions
- Roth v. . WellsNew York Court of Appeals · 1864
- Bond v. . WillettNew York Court of Appeals · 1865
- Devoe v. ElliotNew York Supreme Court · 1804
- Bond v. WilletNew York Court of Appeals · 1864