Stoyel v. Cady
Supreme Court of Connecticut
WRIT of error. This was a scire facias brought by Cady, as administrator of the estate of Job Smith, deceased, to obtain an ex- . . . re-, r, ecution on a judgment m favour ot Smith against Stoyel, on ground that the execution which had issued ©n that iudp-ment had been discharged by mistake. The pleaded in bar ot the suit a payment ot the execution to John Lawrence, a deputy'Sheriff, and an endorsement m full by the lawful attorney ot Smith.
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WRIT of error. This was a scire facias brought by Cady, as administrator of the estate of Job Smith, deceased, to obtain an ex- . . . re-, r, ecution on a judgment m favour ot Smith against Stoyel, on ground that the execution which had issued ©n that iudp-ment had been discharged by mistake. The pleaded in bar ot the suit a payment ot the execution to John Lawrence, a deputy'Sheriff, and an endorsement m full by the lawful attorney ot Smith. The plaintiff replied, that the payment was compelled by a void and unlawful levy of the execution by direction of Smith, supposing it to be in full…
1Opinion of the CourtSwift, J.
The question in this case arises upon the sufficiency of the replication, which is to this effect: that the payment was compelled by a void and unlawful levy of the execution, by direction of Smith, supposing it to be in full life, when it was dead in law, and that the defendant brought an action against the officer for the unlawful levy, and recovered a greater sum in damage.s than the amount of the judgment, on account of such, *226levy and compulsory payment; against which judgment he has indemnified the officer.
When an execution has been discharged by a mistaken or void levy, or by an…
2Cited by9 opinions
- Fish v. SawyerSupreme Court of Connecticut · 1836
- Freeman v. CaldwellSupreme Court of Pennsylvania · 1840
- Higgins v. RussoSupreme Court of Connecticut · 1899
- Arnold v. HeirsOhio Supreme Court · 1824
- Standley v. MarshWashington Supreme Court · 1889
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