Ray v. Harcourt
New York Supreme Court
This was an action of trover, tried at the Ulster circuit in October, 1835, before the Hon. Addison Gardiner, then one of the circuit judges. The suit was brought for the selling of a quantity of fire wood and three canal boats, which had been levied upon by the plaintiff, as a constable of the town of Kingston, on the .A/^ day of August, 1834, by virtue of three attachments issued by a justice of the peace against the property of one Jeremiah J. Clow.
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This was an action of trover, tried at the Ulster circuit in October, 1835, before the Hon. Addison Gardiner, then one of the circuit judges. The suit was brought for the selling of a quantity of fire wood and three canal boats, which had been levied upon by the plaintiff, as a constable of the town of Kingston, on the .A/^ day of August, 1834, by virtue of three attachments issued by a justice of the peace against the property of one Jeremiah J. Clow. The plaintiff had gone to the places where the wood and canal boats were, saw them, made an actual seizure, and took an inventory of the…
1Opinion of the Court
*497By the Court,
Nelson, Ch. J.
By statute, 2 R. S. 366, § 16, any execution or attachment issued out of any court not being a court of record, if actually levied, shall have preference over any other execution issued out of any court, whether of record or not, which shall not have been previously levied. The only point in the case is, whether the proceedings of the sheriff on the 4th in respect to the property in question amounted in law to a levy; if it did, the direction at the trial was wrong. In the case of conflict between executions from courts of record and from'1 justices’ courts, the…
2Cases cited2 opinions
- Beekman v. LansingNew York Supreme Court · 1830
- Visger v. WardNew York Supreme Court · 1828
3Cited by4 opinions
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