Barhydt v. Valk
New York Supreme Court
Error from the Schenectady common pleas. Barhydt sued Valk for false imprisonment, in arresting him on a justice’s execution, and committing him to the jail of the county of Schenectady.
Read the full summary
Error from the Schenectady common pleas. Barhydt sued Valk for false imprisonment, in arresting him on a justice’s execution, and committing him to the jail of the county of Schenectady. Barhydt proved that at the time of his arrest on the execution (which was in the ordinary form of process of that nature, issued from a justice’s court, i. e. commanding the constable to cause the amount of the judgment to be made of the goods and chattels of the defendant, and for want of goods and chattels whereon to levy, to take the body of the defendant and convey him to jail, &c:) he was, and for a long…
1Opinion of the Court
By the Court,
Nelson, J.
It is no doubt the duty of the constable to search for property of the defendant in the execution out of which to collect the debt, before committing the defendant to jail, and we do not say but that there may be so flagrant a departure from duty in this respect as to sustain the action of trespass and false imprisonment, where a committal takes place without such search, and when there is sufficient property to satisfy the execution; but the case should be a very clear and marked one, to induce the court to countenance this remedy. These executions combine the common…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Preston v. LeavittNew York Supreme Court · 1831
3Cited by5 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Bank of Troy v. ToppingNew York Supreme Court · 1835
- Howe v. OyerNew York Supreme Court · 1889
- Bank of Troy v. ToppingNew York Supreme Court · 1835
- Ostrander v. WalterNew York Supreme Court · 1842