Thomas v. Hubbell
New York Supreme Court
This was an action brought by Thomas, the late sheriff of Delaware county, against Hubbell, his deputy, and Wheeler and Palmer, the sureties of the latter, upon Hubbell’s official bond to the sheriff. Messrs. Conover and Labagh, by their attorney, placed in the hands of Hubbell, as deputy of the plaintiff, an execution issuing out of the supreme court against one of their judgment debtors.
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This was an action brought by Thomas, the late sheriff of Delaware county, against Hubbell, his deputy, and Wheeler and Palmer, the sureties of the latter, upon Hubbell’s official bond to the sheriff. Messrs. Conover and Labagh, by their attorney, placed in the hands of Hubbell, as deputy of the plaintiff, an execution issuing out of the supreme court against one of their judgment debtors. This execution was served by Hubbell upon personal property in the possession of the defendant in the execution, and, as Conover and Labagh claimed, Hubbell suffered the property to be used up or squandered…
1Opinion of the CourtMason, J.
If the judgment in the suit of Conover and Labagh v. Thomas is properly regarded as evidence against all the defendants in this action, then I think it follows that the defendants’ offers to show that .the judgment was not rendered upon the merits, but was decided upon an erroneous ruling of the judge, or that the merits were excluded because of a defect in the pleadings, was properly rejected at the circuit. The rule seems to be settled in the case of Green v. Clark and others, (5 Denio, 497,) that it is not competent to prove that a verdict which, by the record of the judgment, purports to…
2Cases cited10 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Curtis v. GroatNew York Supreme Court · 1810
- Case v. ReeveNew York Supreme Court · 1817
- Clark's Executors v. CarringtonSupreme Court of the United States · 1813
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