Mersereau v. Norton
New York Supreme Court
IN ERROR, on certiorari, to a justice’s court. The action was trespass, for taking and selling a yoke of oxen, brought by Norton against Mersereau.
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IN ERROR, on certiorari, to a justice’s court. The action was trespass, for taking and selling a yoke of oxen, brought by Norton against Mersereau. It appeared that the oxen were owned by the plaintiff below, and one Amasa Norton ; that an attachment under the absconding debtor act was issued against Norton, and the oxen in question were taken by the sheriff out of the possession of the plaintiff below, the defendant below being in company with the plaintiff, and ordering him to take them. The plaintiff below forbade the taking, but said nothing about claiming them. The oxen were afterwards…
1Per curiam
The defendant in the court below pleaded not guilty, and stated that he should justify under the statute for giving relief against absent and absconding debtors. Why the defendant below7 interfered in any manner to direct the sheriff who had the attachment, does not appear. It is most likely that he was a creditor of Amasa Norton ; but unless the sheriff was a trespasser, the defendant below could not be deemed so. He must be justified equally with the sheriff, under the attachment. There does not seem to be any complaint that the proceedings under the attachment were not regular; and the…
2Cases cited1 opinion
- Moody v. PayneNew York Court of Chancery · 1817
3Cited by17 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Branch v. WisemanIndiana Supreme Court · 1875
- Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839
- Frans v. YoungSupreme Court of Iowa · 1868
- Tyler v. TaylorNew York Supreme Court · 1850
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