Jones v. Wilson
New York Supreme Court
ON certiorari. The plaintiff below was a constable, and had an execution against the defendant below, issued by a justice of the peace, at the suit of a third person. The constable, without making any demand on the de7 ... fendant, and without his request, paid the money to the plaintiff named in the execution, and then brought his actl°n before a justice against the defendant, to recover the amount so paid, to the use of the defendant.
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ON certiorari. The plaintiff below was a constable, and had an execution against the defendant below, issued by a justice of the peace, at the suit of a third person. The constable, without making any demand on the de7 ... fendant, and without his request, paid the money to the plaintiff named in the execution, and then brought his actl°n before a justice against the defendant, to recover the amount so paid, to the use of the defendant. An ... , , , objection was made to the plaintiff’s right to bring the action, but the justice overruled the objection, and permitted the cause to be tried by…
1Per curiam
The constable had no right to sleep on the execution, and then pay the money to the plaintiff and bring his action against the defendant, without any previous demand or request. Such a practice is not only against the rules of law, but would tend to. multiply suits, and increase litigation.
Judgment reversed.
2Cited by8 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Neely v. JonesWest Virginia Supreme Court · 1880
- Glenn v. SavageOregon Supreme Court · 1887
- Rease v. KittleWest Virginia Supreme Court · 1904
- Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
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