In re Dawson
New York Supreme Court
I. November, 1887. Motion to vacate return of execution, and to compel a true return, and entry of satisfaction of judgment. In an action brought by John W. "Wilson and another against Ernest L. Dawson, individually and as surviving partner of the J. M. Dawson Packing Company, a nonresident partnership, an attachment was issued on the ground of the defendant’s non-residence. By virtue of this attachment, the sheriff of the city and county of.
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I. November, 1887. Motion to vacate return of execution, and to compel a true return, and entry of satisfaction of judgment. In an action brought by John W. "Wilson and another against Ernest L. Dawson, individually and as surviving partner of the J. M. Dawson Packing Company, a nonresident partnership, an attachment was issued on the ground of the defendant’s non-residence. By virtue of this attachment, the sheriff of the city and county of. Mew York levied upon certain claims of said firm, and, under an order of court, received from the debtors of the firm the sum of $2,316.48. Judgment…
1Opinion of the CourtBarrett, J.
This is a motion by the defendant on an execution to require the late sheriff Davidson or his authorized deputy to make a return in accordance with the facts.
This motion is the defendant’s proper remedy. If he Has paid the judgment he is entitled to a statement of the truth upon the returned execution. A plaintiff may, m certain cases, be required to bring an action for a false return, but even he could by motion compel a sheriff with the money actually m his hands lo make a truthful return (see Todd v. Botchford, 86 N. Y. 517 Smith on Sheriffs, p. 408, and cases cited).
The purpose of the…
2Cases cited4 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Peck v. . TiffanyNew York Court of Appeals · 1849
- McBride v. Farmers' Branch BankNew York Supreme Court · 1858
- Todd v. . BotchfordNew York Court of Appeals · 1881