Dininny v. Fay
New York Supreme Court
THIS was an action against the defendant, as late sheriff of Steuben county, for neglecting to arrest one Henry B. Tuffts on an execution issued by a justice of the peace against his person, in an action brought against him by Alonzo Curtis, for wrongfully injuring personal property. The judgment had been assigned to the plaintiff in this suit by Curtis, with his light of action against the sheriff.
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THIS was an action against the defendant, as late sheriff of Steuben county, for neglecting to arrest one Henry B. Tuffts on an execution issued by a justice of the peace against his person, in an action brought against him by Alonzo Curtis, for wrongfully injuring personal property. The judgment had been assigned to the plaintiff in this suit by Curtis, with his light of action against the sheriff. The present action was tried at the Steuben circuit, in April, 1861, before Justice Knox and a jury. The defendant moved for a nonsuit, on the following grounds: 1. That the plaintiff had failed…
1Opinion of the Court
By the Court, Johnson, J.
This action was brought against the defendant as sheriff, for the neglect of his deputy in not serving a body execution in his hands against one Henry B. Tuffts. There was a judgment against Tuffts, in favor of one Alonzo Curtis, on which an execution against the defendant’s property had been issued and returned, no property found. Execution was then issued against his body, and placed in the hands of the deputy on the 20th of August, 1857. Tuffts continued to reside in the county until the 20th of September, 1857, when he left the state, and has not since returned.…
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