Glover v. Whittenhall
New York Supreme Court
Trespass quare domum fregit, tried at the Chenango circuit in January, 1845. The defendant, who as a deputy sheriff, had in his hands a fi.fa. against the plaintiff, went to his house on the 26th day of December, 1840, and found it fastened against him. He requested admission for the purpose of completing an inventory and taking charge of goods in the house, which he insisted he had levied on the evening before.
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Trespass quare domum fregit, tried at the Chenango circuit in January, 1845. The defendant, who as a deputy sheriff, had in his hands a fi.fa. against the plaintiff, went to his house on the 26th day of December, 1840, and found it fastened against him. He requested admission for the purpose of completing an inventory and taking charge of goods in the house, which he insisted he had levied on the evening before. The plaintiff forbade his entering, denying that he had made such levy.. The defendant however forced open a door, entered, went over the house and made an inventory. The defendant…
1Opinion of the Court
By the Court, Beardsley, J.
When this case was formerly before the court, (6 Hill, 597,) it was held that the defendant’s entry of the plaintiff’s house was lawful, provided he had previously levied upon property therein. The only material question now is, whether the endorsement on the writ offt. fa. and the schedule annexed were admissible as evidence in favor of the defendant, upon the fact of such, a levy having been made on the 25th of December. Such a levy is therein stated to hxva been made; but the objection is that these statements were sun *635evidence, because the writ had not been…
2Cited by4 opinions
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- Hickok v. TrusteesNew York Supreme Court · 1853
- Hickok v. TrusteesNew York Supreme Court · 1853
- Bechstein v. SammisNew York Supreme Court · 1877