Benjamin v. Smith
New York Supreme Court
This was an action on the case for a false return, tried at the Chenango circuit in December, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The defendant, as sheriff of the county of Chenango, returned upon a fieri facias issued upon a judgment in favor of the plaintiff against one Pliny Nichols, upon which he was directed to levy #479,60, that he had caused to be made #18, and as to the residue nulla hona.
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This was an action on the case for a false return, tried at the Chenango circuit in December, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The defendant, as sheriff of the county of Chenango, returned upon a fieri facias issued upon a judgment in favor of the plaintiff against one Pliny Nichols, upon which he was directed to levy #479,60, that he had caused to be made #18, and as to the residue nulla hona. The execution was returnable on the 27th October, 1827, and was delivered to one Humphrey, a deputy of the sheriff, four days before its return. It was proved that…
1Opinion of the Court
By the Court,
Marcy, J.
The bill of exceptions in this cause presents two questions: one on the rejection of the offer to prove the declarations of the plaintiffs in the first execution as to the instructions to the sheriff, and the other on the charge to the jury.
There are some exceptions to the general rule that neither party to a suit can be permitted to prove the declarations or admissions of third persons. Where a party refers to a third person for information on a particular subject, the answer of that person is generally evidence against such party. So, where a third person is an agent…
2Cited by10 opinions
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- Newsom v. McLendonSupreme Court of Georgia · 1849
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