Barker v. Mathews
Court for the Trial of Impeachments and Correction of Errors
Error to the Chautauque common pleas. Barker sued Mathews in a justice’s court, and declared, in case, for that the defendant had taken, carried away and secreted certain property of the defendant, which had been levied upon, by virtue of an execution in favor of the plaintiff. The defendant pleaded not guilty, and the plaintiff recovered before the justice. The defendant appealed to the common pleas.
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Error to the Chautauque common pleas. Barker sued Mathews in a justice’s court, and declared, in case, for that the defendant had taken, carried away and secreted certain property of the defendant, which had been levied upon, by virtue of an execution in favor of the plaintiff. The defendant pleaded not guilty, and the plaintiff recovered before the justice. The defendant appealed to the common pleas. On the trial in that court the plaintiff offered to prove a judgment in his favor against the defendant, and an execution thereon; that said execution was levied upon the property mentioned in…
1Opinion of the Court
By the Court, Beardsley, J.
There is no precedent foi this action, and as the Jaw has already provided well known and appropriate remedies for all parties, in such casos, there is no occasion to devise a new one.
The constable who levied the plaintiff’s execution is responsible to him for the value of the property levied on. It will be no defence to the constable that the property was fraudulently *336taken from his custody by the defendant in the execution: fez such taking the constable may have his action against the defendant, and thus indemnify himself. In this manner the defendant will be made…
2Cited by9 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Miller v. CollyerNew York Supreme Court · 1862
- Howland v. . WillettsNew York Court of Appeals · 1853
- Scott v. . MorganNew York Court of Appeals · 1884
- Braem v. Merchants' National BankNew York Supreme Court · 1889
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