Mickles v. Hart
Court for the Trial of Impeachments and Correction of Errors
Action on the case against the sheriff for not collecting and returning a writ of fieri fiadas in favor of the plaintiff against one Whitney, for $213,22. The cause was tried before Kent, C. Judge, at the New-York circuit in November, 1843. The fi.fa. was issued April, 8,1842. It was delivered to the under sheriff at. the sheriff’s office, with a letter of instructions from the plaintiff’s attorney wafered to the writ.
Read the full summary
Action on the case against the sheriff for not collecting and returning a writ of fieri fiadas in favor of the plaintiff against one Whitney, for $213,22. The cause was tried before Kent, C. Judge, at the New-York circuit in November, 1843. The fi.fa. was issued April, 8,1842. It was delivered to the under sheriff at. the sheriff’s office, with a letter of instructions from the plaintiff’s attorney wafered to the writ. After directing a levy on all the personal property of the debtor liable to execution, the letter proceeds: “ Sheriff will take no further steps after levy until further…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Meeker, the deputy who held the execution, had both written and verbal directions from the plaintiff’s attorney to take no further steps after the levy which was made in April, until he received further instructions from the attorney. It was not a mere permission to delay a sale if the deputy thought proper to do so. It amounted to a positive direction to do nothing beyond a levy. There was not only an indefinite postponement of a sale, but Meeker must have understood that he was released from all obligation to protect the property against waste or removal by the…
2Cited by9 opinions
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- Acker v. LedyardNew York Supreme Court · 1850
- Smith v. . SmithNew York Court of Appeals · 1875
- Stryker v. MerselesSupreme Court of New Jersey · 1854
- Gregg v. MurphyNew York Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.