Jackson ex dem. Kane v. Sternbergh
New York Supreme Court
This was an action of ejectment. The cause was tried before Mr. Justice Letois, at the last Montgomery circuit. The plaintiff offered in evidence exemplified copies of a judgment obtained in this court in favor of the lessors of the plaintiff against the defendant, and one A. Sternbergh, and of an' alias fi.fa. issued thereon, and directed to the sheriff of Montgomery, with a return of the sheriff endorsed in the words following : “ By virtue of the within writ, t have…
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This was an action of ejectment. The cause was tried before Mr. Justice Letois, at the last Montgomery circuit. The plaintiff offered in evidence exemplified copies of a judgment obtained in this court in favor of the lessors of the plaintiff against the defendant, and one A. Sternbergh, and of an' alias fi.fa. issued thereon, and directed to the sheriff of Montgomery, with a return of the sheriff endorsed in the words following : “ By virtue of the within writ, t have caused to be made of the goods and chattels, lands and tenements of the within named Peter and Adam Sternbergh, 2062 dollars,…
1Opinion of the Court
LANSING, Ch, J.
The objection to the writ as an alias fi.fa. is merely formal. It is not pretended that airy previous, execution had issued against the defendant, or that the judgment was in any manner satisfied. The circumstance of its being expressed to be an alias could not, therefore, prejudice any right of the defendant, nor could it vary the legal effect of the writ. I think that the clause constituting it an alias, may well be rejected as surplusage, and ought not to be allowed to defeat a title that was otherwise’' ■fairly acquired.
*189If a former execution had issued and a levy had been…
2Cited by15 opinions
- Root v. WoolworthSupreme Court of the United States · 1893
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Camp v. CampSupreme Court of Connecticut · 1824
- Green v. . HornNew York Court of Appeals · 1913
- Jackson ex dem. Whitlocke v. MillsNew York Supreme Court · 1816
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