Slingerland v. Swart
New York Supreme Court
THIS was an action of assumpsit, and . was tried at the Schoharie circuit, in November, 1815. The plaintiff gave in evidence exemplifications of two executions in the supreme court, and the return thereto. 1. A fi. ffa., tested the 13th of October, 1813, and directed to the sheriff Of Schoharie, against Joseph Becker and Philip Serviss, for four thousand dollars of debt, recovered by SUngerland, the plaintiff in this cause, and 14 dollars and 43 cents damages and costs ; the…
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THIS was an action of assumpsit, and . was tried at the Schoharie circuit, in November, 1815. The plaintiff gave in evidence exemplifications of two executions in the supreme court, and the return thereto. 1. A fi. ffa., tested the 13th of October, 1813, and directed to the sheriff Of Schoharie, against Joseph Becker and Philip Serviss, for four thousand dollars of debt, recovered by SUngerland, the plaintiff in this cause, and 14 dollars and 43 cents damages and costs ; the judgment was docketed on the 12th of October, 1813, and the execution wasreturnable on the. 15th of January, 1814. By…
1Per curiam
It is not necessary, in this: casej to decide Whether Lawyer’s execution was fraudulent and void, so as to give priority to the plaintiff’s,.because no more is claimed of the sheriff than the avails of the property levied on-after the return-day of Lawyer’s execution; and there can be no possible ground upon which the recovery, -to this extent, can be resisted. It is, , certainly, a principle not to be questioned, that a sheriff cannot .levy an execution upon goods and chattels after the return-day *257is passed. The latest period which the law allows for the service of process, is the day on…
2Cited by7 opinions
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- Godbe v. YoungUtah Supreme Court · 1876
- Warberton v. WoodsSupreme Court of Missouri · 1839
- Chadbourne v. HodgdonSuperior Court of New Hampshire · 1819
- Lloyd v. WyckoffSupreme Court of New Jersey · 1830
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