Parmelee v. Hitchcock
New York Supreme Court
Demurrer to declaration. The plaintiff, in the first count of his declaration, set forth a judgment obtained by him against one D. R. in February term, 1829, for $133,59 ; that in the same term an execution was issued and delivered to the defendant, as sheriff of the county of Washington, commanding him to make of the goods and chattels of D. R. the sum of $186,71, which execution was returnable in May term) 1829. The plaintiff then avers that the sheriff levied the mone y…
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Demurrer to declaration. The plaintiff, in the first count of his declaration, set forth a judgment obtained by him against one D. R. in February term, 1829, for $133,59 ; that in the same term an execution was issued and delivered to the defendant, as sheriff of the county of Washington, commanding him to make of the goods and chattels of D. R. the sum of $186,71, which execution was returnable in May term) 1829. The plaintiff then avers that the sheriff levied the mone y but neglected to bring it into court at the return of' the execution, and on the contrary thereof returned the execution…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Whether the sheriff is bound to execute an erroneous writ delivered to him, depends upon the question whether it is absolutely void, or only voidable ; and whether void or voidable depends upon the fact whether it is amendable. There can be no doubt that a sheriff is justified in executing any process from a court of general jurisdiction which is regular upon its face. Where an execution is delivered to him, he is not bound to inquire whether there is a judgment to support it, or whether the execution corresponds exactly with the judgment; if it is regular upon its…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by15 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Hardin v. LeeSupreme Court of Missouri · 1873
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Miles v. KnottCourt of Appeals of Maryland · 1842
- Jones v. GoodbarSupreme Court of Arkansas · 1895
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