Toof v. Bently
New York Supreme Court
Error from the Dutchess common pleas. Toof sued Bently and Harris in trespass for breaking open his blacksmith shop and taking and converting to their own use certain tools and other property there found. The defendants justified under a judgment and execution in favor of Bently against Toof.
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Error from the Dutchess common pleas. Toof sued Bently and Harris in trespass for breaking open his blacksmith shop and taking and converting to their own use certain tools and other property there found. The defendants justified under a judgment and execution in favor of Bently against Toof. The judgment was obtained in a justice’s court for $50,87, an execution was issued thereon, made returnable in sixty instead of ninety days; it was delivered to a constable on the 30th June, 1827, who, on the 28lh September following, returned it nulla bona. On the 6th May, 1828, Bently procured the same…
1Opinion of the Court
*277 By the Court,
Savage, Ch. J.
The justice had jurisdiction ; the judgment was regular. If the execution had been returnable in ninety days, the officer would have been justified. The defendant in the execution (the plaintiff here) was not injured by the error in the return of the execution ; but it is well settled that inferior and limited jurisdictions must be confined strictly to pursue the authority given them. The justice had no more authority to issue an execution, in the case before him, returnable in 60 days than in 30 days or even in 10 days; and surely such an execution would be no…
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