Visger v. Ward
New York Supreme Court
This was an action of false imprisonment, tried at the Herkimer circuit in September, 1827, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of false imprisonment, tried at the Herkimer circuit in September, 1827, before the Hon. Nathan Williams, one of the circuit judges. The defendant, a constable of the county of Herkimer, arrested the plaintiff on an execution issued on a justice’s judgment, rendered against him for $6,33. The execution was originally issued on the 23d January, 1886, and delivered to a constable of the name of Cory to be executed, who, on the 10th April, 1826, with the consent of the plaintiff in the execution, returned it to the justice, but made no written return on the same. On the 5th…
1Opinion of the Court
By the Court,
Sutherland, J,
The case of Wickham v. Miller, (12 Johns. R. 320,) decides that a justice may renew an execution, without a return of nulla bona having been actually endorsed upon it; the fact may be made to appear to the justice in some other way ; and the endorsement of a renewal is conclusive evidence against the constable, of such representation having been made.
The execution in this case, however, was twice renewed. The first renewal was between three and four months after its delivery to the constable, and the second renewal was more than three months after the first. These…
2Cited by3 opinions
- Franklin v. PendletonThe Superior Court of New York City · 1850
- Chapman v. FullerNew York Supreme Court · 1849
- Ray v. HarcourtNew York Supreme Court · 1838