Ross v. Campbell
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon a verdict rendered in the Monroe County Court, and also from an order denying a motion for a new trial made upon the minutes of the judge before whom the action was tried. Plaintiffs’ testator recovered a judgment against one Thomas Sfconey, in a justice’s court, and after having it docketed in the County Court of Monroe county, he issued an execution thereon to . the defendant, the sheriff of said county.
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Appeal from a judgment in favor of the plaintiffs, entered upon a verdict rendered in the Monroe County Court, and also from an order denying a motion for a new trial made upon the minutes of the judge before whom the action was tried. Plaintiffs’ testator recovered a judgment against one Thomas Sfconey, in a justice’s court, and after having it docketed in the County Court of Monroe county, he issued an execution thereon to . the defendant, the sheriff of said county. The execution was put into the hands of a deputy by the name of Paine, December-3, 1875. The term of office of the defendant…
1Opinion of the Court
Hardin, J.:
It is well settled that the return of the sheriff, though made by a deputy, concludes the sheriff, and cannot be impeached by him. (Sheldon v. Payne, Sheriff, 7 N. Y., 453; S. C., 10 id., 398.)
It is insisted, in behalf of the appellant that, because the execution was held beyond the return day, with the knowledge and consent of the plaintiff, though with the knowledge and consent *617of the 'sheriff, that the payment, by the debtor, of the money to Paine, the deputy, and his retention of it, did not establish a liability for the money.
We think that when the sheriff consented that the…
2Cases cited7 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Gorham v. GaleNew York Supreme Court · 1827
- Colvin v. . HolbrookNew York Court of Appeals · 1848
- Vail v. LewisNew York Supreme Court · 1809
- Williams v. . SargeantNew York Court of Appeals · 1871
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