Bachelder Bros. v. Chaves
New Mexico Supreme Court
Error, from a judgment in favor of defendant, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. "When a sheriff levies an execution upon property in which the defendant has no interest, it is his duty to stop all further proceedings under the levy as soon as he ascertains the fact, and he is not liable on his bond for failure to sell the property.
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Error, from a judgment in favor of defendant, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. "When a sheriff levies an execution upon property in which the defendant has no interest, it is his duty to stop all further proceedings under the levy as soon as he ascertains the fact, and he is not liable on his bond for failure to sell the property. State v. Swigart, 22 Ark. 528. It is well settled that where there is a substantial variance from the judgment the execution issued thereon is void. Herman on Execution, sec. 64; 6 Johns. 282;…
1Opinion of the CourtFreeman, J.
This was an action on the case instituted by plaintiffs in error against the defendant in error in the district court of the county of Santa Ee. The plaintiffs in error filed their declaration against the defendant in error, at the August term, 1887, alleging that at the July term, 1884, of said court, they obtained a decree against the Texas, Santa Ee & Northern Railroad Company, for $1,346.37, with $100 attorneys’ fees, and $89.75 costs; that afterward, to wit, at the February term, 1887, of said court, “by the consideration of said court, the decree entered at the July term, 1884, was duly…
2Cases cited3 opinions
- Parmelee v. HitchcockNew York Supreme Court · 1834
- Taylor v. WimerSupreme Court of Missouri · 1860
- Nourse v. MerriamMassachusetts Supreme Judicial Court · 1851