Bullymore v. Cooper
New York Supreme Court
Appeal by the plaintiff from, a judgment in favor of the defendant,, rendered after trial by the court. The action was against the sheriff of Cattaraugus county, seeking to recover for the escape of Flint and Bullock, who: had been severally arrested and imprisoned in execution upon a judgment recovered against them in November, 1868, on allegations of fraud, for $170.86, for which amount the' complainant demanded judgment.
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Appeal by the plaintiff from, a judgment in favor of the defendant,, rendered after trial by the court. The action was against the sheriff of Cattaraugus county, seeking to recover for the escape of Flint and Bullock, who: had been severally arrested and imprisoned in execution upon a judgment recovered against them in November, 1868, on allegations of fraud, for $170.86, for which amount the' complainant demanded judgment. The defendant sought to justify under orders of the Cattaraugus County Court, which were dated respectively Mar cl 15 th and 30th, 1869, and in the ease of each debtor…
1Opinion of the Court
By the Court
Lamont, J.
The defendant who is sheriff of Cattaraugus county, discharged two execution debtors from, imprisonment, undter an order of the County Court, of tho-f couuty, purporting to have been granted in proceedings taken by them- under article 6,. title 1, chap. 6, part 2 of The Revised Statutes, entitled “ Of voluntary- assignments by a- debtor' imprisoned in execution in civil causes.”' The plaintiff was; the judgment creditor and sues the sheriff for an- escape. Two questions- arise in the case: First, whether the order of discharge was authorized by the proceedings taken for…
2Cases cited6 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Wilckens v. WilletNew York Court of Appeals · 1864
- Hart v. DuboisNew York Supreme Court · 1838
- Bangs v. GrayNew York Court of Appeals · 1855
- Howell v. Babcock'sNew York Supreme Court · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Richmond v. PraimNew York Supreme Court · 1881
- Schaffer v. RiseleyNew York Supreme Court · 1887