Feerick v. Conner
New York Court of Common Pleas
Appeal from a judgment of this court, entered upon a dismissal of the complaint at the trial. The plaintiff commenced, in April, 1877, this action.
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Appeal from a judgment of this court, entered upon a dismissal of the complaint at the trial. The plaintiff commenced, in April, 1877, this action. In his complaint he alleges the recovery of a judgment in his favor against one John O’Grady, in October, 1874, the issuing of an execution against the property of O’Grady, and its return unsatisfied; the issuing of an execution in June, 1876, against the person of said O’Grady; his arrest by the defendant as sheriff, prior to the 1st of January, 1877; the expiration of the term of office of the defendant on the 1st of January, 1877; the election…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]—This action is one which is entirely technical in its character, and is a right given expressly by statute. The theory under which the statute proceeds is that within ten days after the certificate of election by an incoming sheriff is served by the outgoing sheriff, all powers of the outgoing sheriff cease and determine, with the exception of completing the execution of process partially executed. It necessarily follows that the power -of the outgoing sheriff to retain in his custody, or to arrest any prisoners by virtue of any process, terminates after…
2Cases cited3 opinions
- Hinds v. DoubledayNew York Supreme Court · 1839
- Partridge v. WesterveltNew York Supreme Court · 1835
- Hempstead v. WeedNew York Supreme Court · 1822