O'Brien v. American Surety Co.

Ingraham, J.:

The question submitted is whether the defendant is liable for sheriff’s poundage. The defendant commenced an action against one Cosgrove, obtained a judgment and issued execution' against the property, which was returned unsatisfied, and thereafter issued execution against the person of Cosgrove, under which execution the sheriff took Cosgrove into custody. Subsequently a motion was made to vacate this execution upon the ground that Cosgrove was a resident of New York county, and that no execution against his property was issued to the sheriff of that county, which was granted…