Seeley v. Birdsall
New York Supreme Court
THIS was an action on the case against the defendant, late sheriff of the county of Seneca, for a false return on a writ of fieri facias issued out of this court, at the suit of the plaintiff against W. I. Seeley. The cause was tried before Mr. J. Spencer, at the circuit in Cayuga county, where the venue was laid, in June, 1817. The plaintiff recovered a judgment against W, I. Seeley for 3,988 dollars of debt, and 14 dollars and 4'3 cents damages and costs.
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THIS was an action on the case against the defendant, late sheriff of the county of Seneca, for a false return on a writ of fieri facias issued out of this court, at the suit of the plaintiff against W. I. Seeley. The cause was tried before Mr. J. Spencer, at the circuit in Cayuga county, where the venue was laid, in June, 1817. The plaintiff recovered a judgment against W, I. Seeley for 3,988 dollars of debt, and 14 dollars and 4'3 cents damages and costs. A fieri facias was issued thereon, to which the defendant returned, that he had sold all the goods and chattels of W. J. Seeley to be…
1Per curiam
An action on the case against a sheriff for a false return on an execution, is within the first section of the statute, (1 JV L. 155.) “ for the more easy pleading in certain suits and, consequently, the burthen of the proof, that the cause of action arose within the county wherein the venue is laid, is thrown on the plaintiff, and the failure to give that proof entitled the defendant to a verdict of not guilty.
The words of the statute are very plain and perspicuous. If any action upon the case be brought against any sheriff, &c. for or concerning any matter or thing by him doni, by virtue of…
2Cited by9 opinions
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- Bishop v. McGillisWisconsin Supreme Court · 1891
- Berry v. SchaadNew York Supreme Court · 1899
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