Godfrey v. Gibbons
New York Supreme Court
Motion to set aside a Ji. fa. or for a rule to enter satisfaction on the judgment record. The plaintiff’s attorney had issued afi. fa. directing the sheriff to levy the money of the property of the defendants, E. Sf J. Gibbons; but he, under the advice of E. & J. Gibbons, refused to do so, and levied on the interest of the defendant Wiswall in a ferry boat, owned by him jointly with various other persons, not defendants in this suit, who threatened to institute proceedings…
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Motion to set aside a Ji. fa. or for a rule to enter satisfaction on the judgment record. The plaintiff’s attorney had issued afi. fa. directing the sheriff to levy the money of the property of the defendants, E. Sf J. Gibbons; but he, under the advice of E. & J. Gibbons, refused to do so, and levied on the interest of the defendant Wiswall in a ferry boat, owned by him jointly with various other persons, not defendants in this suit, who threatened to institute proceedings to protect their property. The plaintiff’s attorney thereupon withdrew the first fi. fa. and issued another, which was…
1Opinion of the Court
By the Court,
Cowen, J.
We have nothing to do with the state of accounts between the defendants. The plaintiff, not the defendants, or any. of them, had a perfect right to direct a levy on the joiriWBr several property of the deSndánts or any of them, thegjudgment being against all. A *alid levy on the boat would have been, it is true, prima facie a satisfaction of the debt, especially if Wiswall’s interest in the boat had been of sufficient value to satisfy the fi. fa. But the levy was^void ; at least it might be so regarded by the plaintiff; for the sheriff was bound by the direction of the…
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