Mumford v. Armstrong
New York Supreme Court
Judgment of nonsuit having been obtained against the plaintiff, the defendant’s attorney issued a ca. sa. for the costs, to the sheriff of Oneida, who arrested the plaintiff, received his draft on E. B. for the money, which he was directed by an endorsement on the ca. sa. to receive, and discharged the plaintiff: whereupon the defendant’s attorney issued another ca. sa. upon which the plaintiff was again arrested.
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Judgment of nonsuit having been obtained against the plaintiff, the defendant’s attorney issued a ca. sa. for the costs, to the sheriff of Oneida, who arrested the plaintiff, received his draft on E. B. for the money, which he was directed by an endorsement on the ca. sa. to receive, and discharged the plaintiff: whereupon the defendant’s attorney issued another ca. sa. upon which the plaintiff was again arrested. A motion being made to set this last execution aside, the following authorities were cited: Bank of Orange v. Wakeman, (1 Cowen’s Rep. 46, 47, and note (a) at the end of that case;)…
1Opinion of the Court
Curia.
In the Bank of Orange v. Wakeman, (1 Cowen’s Rep. 46,) we held that the sheriff’s taking a promissory note for the money upon ajñ. fa. in his hands would not operate as payment, even though he returned the exe*554cution satisfied. The draft, in this instance, not being a payment, the act of permitting the defendant to go at large was a voluntary escape, and the plaintiff clearly had a tight to issue another ca. sa. and proceed to the second arrest.(a) The sheriff could receive nothing in payment but money, or us equivalent.
Motion denied.
See 1 R. L. 426, s. 24. 8 John. Rep. 361.
2Cases cited1 opinion
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
3Cited by11 opinions
- Moore v. Auditor GeneralMichigan Supreme Court · 1900
- Harris, Norton & Co. v. EllisTexas Supreme Court · 1867
- Kershaw v. DyerUtah Supreme Court · 1889
- Board of County Commissioners v. Colorado Springs Co.Colorado Court of Appeals · 1900
- Board of County Commissioners v. Colorado Springs Co.Colorado Court of Appeals · 1900
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