Norton v. People
New York Supreme Court
On certiorari from a court of special sessions of tie county of Lewis. Norton was convicted in the court below ° e of petit larceny, in stealing certain tubs, which were laid in the complaint to be the property of one Dickenson. On the trial, it appeared that the tubs had been taken executlon against the defendant below by a deputy she* riff.
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On certiorari from a court of special sessions of tie county of Lewis. Norton was convicted in the court below ° e of petit larceny, in stealing certain tubs, which were laid in the complaint to be the property of one Dickenson. On the trial, it appeared that the tubs had been taken executlon against the defendant below by a deputy she* riff. Dickenson took them into his custody at his* own risk, and deposited them in the barn of a neighbor with his consent, to be forthcoming on the day of sale. The defendant sent a servant, who, by-the defendant’s direction, in his absence, secretly removed…
1Opinion of the Court
Curia.
We are not entirely satisfied that the complaint was sustained in the court below on the merits, even had the property been rightly laid; but clearly it was not so laid. ' The general property was in the defendant below. There was a special property in the sheriff by virtue of the levy; but none whatever in Dickenson, who received and took charge of it for the sheriff. At most, he was a receiptor, who has no right of property. This was held in Dillenbach v. Jerome, (7 Cowen, 294;) and the Commonwealth v. Morse, *(14 Mass. Rep. 217,) cited and recognized in the former case, is in point.
Ag…
2Cases cited1 opinion
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
3Cited by5 opinions
- Harrington v. PeopleNew York Supreme Court · 1849
- Mason v. StateCourt of Criminal Appeals of Texas · 1892
- United States v. GardnerU.S. Circuit Court for the District of Northern New York · 1890
- In re DoolittleU.S. Circuit Court for the District of Eastern Missouri · 1885
- Commonwealth v. LucasMassachusetts Supreme Judicial Court · 1861