Russell v. Gibbs
New York Supreme Court
On error from the Washington C. P. Gibbs sued Bussell in a justice’s court, for the price of a mare sold and delivered by Gibbs, as sheriff of Washington comity, on an execution, to Bussell, who bid off and received the mare.
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On error from the Washington C. P. Gibbs sued Bussell in a justice’s court, for the price of a mare sold and delivered by Gibbs, as sheriff of Washington comity, on an execution, to Bussell, who bid off and received the mare. The justice having rendered judgment for Gibbs, Bussell appealed to the Washington C. P. where the judgment was also for Gibbs; whence Bussell brought error to this court upon a bill of exceptions, presenting the following facts : Bussell was the owner of a judgment rendered by the Washington C. P. in favor of Lane against Nichols. A Ji. fa. on this judgment, tested in…
1Opinion of the Court
Curia, per Savage, Ch. J.
The important question is, whether the first execution was dormant. If so, then it was as no execution; and the plaintiff below might sell the goods levied on under it; or theymight be levied on by a second execution. But as no levy was actually made under the second execution, on the mare in question, till after the return day, the sheriff had no authority to sell: unless, indeed, she was in his possession by virtue of the levy under the first. •But if she was so in his possession, then it seems to me to follow, that the first execution was not dormant. If not so, it…
2Cases cited2 opinions
- Kellogg v. GriffinNew York Supreme Court · 1820
- Doty v. TurnerNew York Supreme Court · 1811
3Cited by23 opinions
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- Wood v. GarySupreme Court of Alabama · 1843
- Williams v. MellorSupreme Court of Colorado · 1888
- Jennings v. BrizeadineSupreme Court of Missouri · 1869
- Patterson v. Portland Smelting WorksOregon Supreme Court · 1899
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