Bartlett v. Halligan
New York Supreme Court
Appeal from special term, Wyoming county. Action by Myron E. Bartlett against James Halligan. An order was entered denying a motion to punish Allen B. Divers, late under-sheriff of Wyoming county, for not paying over moneys collected by him on an execution,, and plaintiff appeals.
1Opinion of the CourtCorlett, J.
In July, 1887, the plaintiff recovered a judgment against the' defendant, Halligan, for $81.74. Soon after, execution was delivered to Divers, the deputy-sheriff, to collect the judgment. He did so in full. Daniel W. Hough was sheriff of the county. After the deputy had collected the execution the plaintiff demanded the money from him, which he refused to pay. The deputy’s affidavit shows that he paid the money to the sheriff, and that, on the same day the sheriff paid it back to him, to apply on wages due from the sheriff to him. A motion was made at special term, Justice Childs presiding,…
2Cases cited4 opinions
- Colvin v. . HolbrookNew York Court of Appeals · 1848
- Whitman v. HainesNew York Supreme Court · 1889
- Terwilliger v. WheelerNew York Supreme Court · 1862
- Newman v. . BeckwithNew York Court of Appeals · 1874