Camp v. Chamberlain
New York Supreme Court
Error to the Monroe common pleas. Camp sued Chamberlain in the court below, in case, for a delinquency as a marshal of the city of Rochester, in relation to an execution on a judgment in favor of the plaintiff, against one Webb, which had been delivered to Chamberlain, as marshal, to execute.
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Error to the Monroe common pleas. Camp sued Chamberlain in the court below, in case, for a delinquency as a marshal of the city of Rochester, in relation to an execution on a judgment in favor of the plaintiff, against one Webb, which had been delivered to Chamberlain, as marshal, to execute. The first count of the declaration alleged that the defendant had made the amount of the judgment of the goods of Webb, and had not paid over the money; and the second, that Webb had sufficient goods of which the amount might have been made, but that the defendant neglected to levy the same ; and both…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
The writ offi. fa. in favor of the plaintiff and against Webb, was delivered to the defendant on the thirteenth of July, 1844, he then being marshal of the city of Rochester. No levy was made under this writ, by the defendant, at any time, and ultimately he made return that he could find no goods or chattels, &c. whereof to make the amount specified in said execution, or any part thereof, and for making this return, which is alleged to be false, the present action was brought.
When the writ was delivered to the defendant he was told that it was good, as Webb, the…
2Cases cited5 opinions
- Beekman v. LansingNew York Supreme Court · 1830
- Haggerty v. WilberNew York Supreme Court · 1819
- Hotchkiss v. M'VickarNew York Supreme Court · 1815
- Williams v. LowndesThe Superior Court of New York City · 1829
- Hurdt v. CourtenayCourt of Appeals of Kentucky · 1862
3Cited by21 opinions
- Roth v. . WellsNew York Court of Appeals · 1864
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Barker v. . BinningerNew York Court of Appeals · 1856
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Douglas v. OrrSupreme Court of Missouri · 1875
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