Orange County Bank v. Dubois
New York Supreme Court
This was an action on the case, tried at the Ulster circuit, in May, 1837, before the Hon. Charles H. Ruggles, one of the circuit judges. The suit was brought against the defendant as sheriff of the county of Ulster, for neglect of duty, in not bringing into court the amount of an execution, a fi.fa. put into his hands for collection in favor of the plaintiffs against D. S. Tuthill.
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This was an action on the case, tried at the Ulster circuit, in May, 1837, before the Hon. Charles H. Ruggles, one of the circuit judges. The suit was brought against the defendant as sheriff of the county of Ulster, for neglect of duty, in not bringing into court the amount of an execution, a fi.fa. put into his hands for collection in favor of the plaintiffs against D. S. Tuthill. The judgment upon which the execution issued was rendered for $735 96, in May term, 1828, and the execution was delivered to a deputy of the sheriff 15th November, 1830, who within a few days thereafter made a…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It appears to be well settled, in respect to the privilege of the person of the defendant from arrest, that the sheriff may take notice of it, and decline executing the process ; but this is under the peril of showing, if prosecuted, that the exemption is well founded. Dougl. 671. 2 Black. R. 1190. 11 Johns. R. 433. If he does arrest, no action will lie against him. Id. I doubt whether this rule should be applied in respect to process against property, where the defendant has been discharged from the judgment under the insolvent laws. The defendant in the execution…
2Cited by3 opinions
- Hutchinson v. BrandNew York Supreme Court · 1850
- Grosvenor v. HuntNew York Supreme Court · 1854
- Barron v. BoydNew York Supreme Court · 1873