Mills v. Kennedy
New York Supreme Court
THIS cause came before the court on a certiorari. The defendant below, brought his action against the pre- ... ° ° r sent plaintiff in error, a constable of the town of JohnstovJni in the county of Montgomery, for not levying ceiv tain executions at the suit of the plaintiff below, and delivered to him to be executed, within twenty days after receiving the same, and for not paying the debts and costs, in ten days thereafter to the plaintiff, in the manner required by the…
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THIS cause came before the court on a certiorari. The defendant below, brought his action against the pre- ... ° ° r sent plaintiff in error, a constable of the town of JohnstovJni in the county of Montgomery, for not levying ceiv tain executions at the suit of the plaintiff below, and delivered to him to be executed, within twenty days after receiving the same, and for not paying the debts and costs, in ten days thereafter to the plaintiff, in the manner required by the act, “ for the more speedy recovery of debts to the value of twenty-five dollars.”* The executions were directed to the…
1Per curiam
By the 17th section of the act, any constable may serve process under that act, and the liability created by the 15th section, must be consideradas coextensive with the power of the officer to execute the process. It appears in regard to one of the executions, that the defendant below was clearly in default, for no cause was shown why he did not levy and collect the money. As to the other executions, the evidence does not appear sufficient to charge him ; but the excess of damages here, is too small to justify our interference, on the ground of the insufficiency of the evidence to support it,…
2Cited by1 opinion
- Taylor v. JenkinsOregon Supreme Court · 1884