Williams v. Lowndes
The Superior Court of New York City
This was an action on the case, for a false return on a writ of fieri facias, at the suit of the plaintiff, against one Samuel B. Hiclccox. The declaration contained two counts.
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This was an action on the case, for a false return on a writ of fieri facias, at the suit of the plaintiff, against one Samuel B. Hiclccox. The declaration contained two counts. The^rst count stated, that the plaintiff obtained a judgment in the Supreme Court of this state, at the term of October, in the year 1826, against Samuel B. Hickcox, for $10,000 of debt, and $17.13 cents costs; that afterwards, to wit, on the 20th of October, 1826, a writ of fori facias was issued thereon, directed to the sheriff of the city and county of New-York, returnable on the third Monday of February; 1827, on…
1Per curiam
To decide this case, it is not necessary to determine the question, whether the deputy sheriff was a competent witness or not; although that question has been raised and discussed at the bar. It was the duty of the sheriff to make the levy without any indemnity whatever, as he found the goods in the hands of the defendant in the execution; and he would not have been liable to an action as a trespasser, if he had made such levy. The goods were pointed out to him as the goods of the defendant in the execution; he was exercising acts of ownership over them; they were in his exclusive custody and…
2Cited by9 opinions
- Camp v. ChamberlainNew York Supreme Court · 1848
- O'Donnell v. . KelseyNew York Court of Appeals · 1852
- Bosley v. FarquarIndiana Supreme Court · 1827
- Singer Manuf'g Co. v. CoonNew York Court of Common Pleas · 1894
- Stone v. HookerNew York Supreme Court · 1828
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