Crouse v. Bailey
New York Supreme Court
Appeal from judgment on report of referee. Action by J. M. and Charles B. Crouse against Luman Bailey, sheriff of St. Lawrence county. Plaintiffs had recovered a judgment for $164.05 against William R. Fuller on January 26, 1886, which was docketed in St. Lawrence county, January 27,1886. On the same day an execution was issued thereon, and placed in the hands of defendant, as sheriff of St. Lawrence county.
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Appeal from judgment on report of referee. Action by J. M. and Charles B. Crouse against Luman Bailey, sheriff of St. Lawrence county. Plaintiffs had recovered a judgment for $164.05 against William R. Fuller on January 26, 1886, which was docketed in St. Lawrence county, January 27,1886. On the same day an execution was issued thereon, and placed in the hands of defendant, as sheriff of St. Lawrence county. In the first count of plaintiffs’ complaint it is alleged that defendant “failed to return said execution, to the damage of these plaintiffs of $164.05, with interest thereon from January…
1Opinion of the CourtHardin, P. J.
In response to a request, the referee has found that no levy was made by the defendant, as sheriff, prior to April 28, 1886. As the execution was received by the sheriff on the 27th day of January, 1886, the 60 days in which to make a levy expired March 28,1886. The referee has found “that the said defendant made no levy under the execution in his hands against the said defendant, and, at the request of the plaintiffs’ attorney, retained the execution in his hands beyond the 60 days allowed by the terms of said execution.” If the facts mentioned in the first count of the complaint, which-are…
2Cases cited4 opinions
- Farnham v. HildrethNew York Supreme Court · 1860
- Walker v. . HenryNew York Court of Appeals · 1881
- Humphrey v. HathornNew York Supreme Court · 1857
- In the Matter of BantaNew York Court of Appeals · 1875
3Cited by1 opinion
- Gregg v. MurphyNew York Supreme Court · 1893