Brown v. Feeter
New York Supreme Court
This was an action on the case, tried at the Montgomery circuit, before the Hon. Esek Cowen, one of the circuit judges. The declaration contained five counts : The first charged the defendant with wrongfully and unjustly issuing afi.fa. on a judgment rendered in his favor against the plaintiff, which had been fully paid and satisfied, directing the levy of $29,48, with interest from 17th February, 1820, as due thereon, causing certain goods and chattels of the plaintiff to…
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This was an action on the case, tried at the Montgomery circuit, before the Hon. Esek Cowen, one of the circuit judges. The declaration contained five counts : The first charged the defendant with wrongfully and unjustly issuing afi.fa. on a judgment rendered in his favor against the plaintiff, which had been fully paid and satisfied, directing the levy of $29,48, with interest from 17th February, 1820, as due thereon, causing certain goods and chattels of the plaintiff to be seized by virtue thereof, and procuring the same, to wit, two roan geldings, &c. to be sold under color and pretence…
1Opinion of the Court
By the Court,
Sutherland, J.
The decisions of the circuit judge, upon all the points raised by the defendant upon the trial, appear to me to have been correct.
The precise day of the levy and sale was in no respect material. The execution proved by the deputy sheriff corresponded with that described in the declaration as to the teste, the return, the amount of the judgment, and the sum directed to be levied; and he also proved that the sale of the plaintiff’s property, of which he complains, was made by virtue of that execution. It is not perceived how the precise day on which the sale took…
2Cases cited2 opinions
- Agry v. YoungMassachusetts Supreme Judicial Court · 1814
- Stevens v. JudsonNew York Supreme Court · 1830
3Cited by27 opinions
- Fults v. . MunroNew York Court of Appeals · 1911
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Clark v. . WoodruffNew York Court of Appeals · 1881
- Bush v. . ColeNew York Court of Appeals · 1863
- Assets Collecting Co. v. MyersAppellate Division of the Supreme Court of the State of New York · 1915
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