Bealls v. Guernsey
New York Supreme Court
T HIS was an action of trespass, against the defend- . . . _ ant, late sheriff or Ontario, tor taking, carrying away and disposing of 73 barrels of whiskey, &c. The defendant pleaded the general issue, with notice °f 3 justification.
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T HIS was an action of trespass, against the defend- . . . _ ant, late sheriff or Ontario, tor taking, carrying away and disposing of 73 barrels of whiskey, &c. The defendant pleaded the general issue, with notice °f 3 justification. The cause was tried before the Chief Justice, at the that he purchased the whiskey of Moses Johnson, on the 36th August, 1807 ; and the same was deposited in the c 0f the judgment, in this court, by confession, against The defendant then produced in evidence the record Moses Johnson, in favour of William W. Rodman; and then offered in evidence an alias testatum…
1Per curiam
The later authorities, (Cowp. 18. 10 East, 73.) do not require the sheriff to show a fi.fa. returned, when he justifies under it; because an execution is good and effectual without ever being returned. It was formerly understood otherwise, according to. the opinion of Kingsmill, J. in 21 Hen. VII. 22. b. and of Lord Holt and the rest of the judges of the K. B. in Freeman v. Blewitt, 1 Salk. 409. But the recent decisions are founded on better reason and ought to govern. Nor did the want of an endorsement upon the execution, of the time of receiving it, render it inadmissible in evidence. The…
2Cited by2 opinions
- Hanson v. Barnes' LesseeCourt of Appeals of Maryland · 1831
- May v. SlyIndiana Supreme Court · 1839