Blackley v. Sheldon
New York Supreme Court
IN error, on certiorari, from a justice’s court. Sheldon brought an action of trover against Blackley, before a justice. The plaintiff declared for SO bushels of wheat, in shock, taken and carried away by the defendant, and which Sheldon had levied on, as a constable, under an execution, &c. The defendant pleaded not guilty, and there was a trial by jury.
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IN error, on certiorari, from a justice’s court. Sheldon brought an action of trover against Blackley, before a justice. The plaintiff declared for SO bushels of wheat, in shock, taken and carried away by the defendant, and which Sheldon had levied on, as a constable, under an execution, &c. The defendant pleaded not guilty, and there was a trial by jury. The jury having agreed on. their verdict, returned into court and delivered the same in writing to the justice, by which they found for the defendant. The justice, without publishing their verdict, or making it known, informed the jury that,…
1Per curiam
Two objections are stated in this case to the judgment below: 1. The constable who sued for taking the goods upon which he had levied by virtue of an execution, produced the execution only, and not the judgment; 2. The justice sent back the jury to reconsider their verdict.
The first objection was overruled by the decision in the case of Barber ξ Knapp v. Miller, (6 Johns. Rep. 195.) in which it was held, that if a constable sues a stranger, for taking goods which he had seized by virtue of an execution, the production of the execution, without the judgment, was sufficient to support his right…
2Cited by30 opinions
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- Brown v. DeanMassachusetts Supreme Judicial Court · 1877
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