Rutzkowski v. George
New York Supreme Court
Appeal from Chautauqua county court. Action by Stanislaus Eutzkowski against William George. From a judgment of the county court reversing a judgment of the justice’s court, plaintiff appeals.
1Opinion of the CourtBradley, J.
The recovery in the justice’s court against the defendant was for his default, as constable, in not returning an execution within the time prescribed by the statute. The view of the county court was that the defendant should have been permitted to prove as a defense that the judgment debtor had no property subject to levy other than that seized and sold by the defendant on the execution, and that, therefore, it was error to exclude evidence offered tending to prove such -fact. This is the rule applicable to sheriffs. From an early day the statute has provided that the action against the…
2Cases cited7 opinions
- Ledyard v. . JonesNew York Court of Appeals · 1852
- People, Ex Rel. Comstock v. . LucasNew York Court of Appeals · 1883
- Weed v. LeeNew York Supreme Court · 1868
- Curry v. FarleyNew York Court of Common Pleas · 1879
- Knapp v. SweetNew York Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Ditsch v. FinnWisconsin Supreme Court · 1934