Legal Opinion

Forsyth v. Campbell

New York Supreme Court

Decided October 15, 1878Published

Appeal from a judgment of the County Court of Monroe county, reversing a judgment of a Justices’ Court in favor of the plaintiff.

1Opinion of the Court

Talcott, P. J.:

This is an appeal from the judgment of the County Court of Monroe, reversing a justice’s judgment.

The defendant was sheriff of the comity of Monroe. The action was brought against him in a Justices’ Court for neglecting to collect and return an execution in favor of the plaintiff. The execution was issued’October 31, 1874, and the action was commenced January 24, 1876. The justice rendered a judgment in favor of the plaintiff for $29.76 damages, besides costs, which was reversed by the County Court, on the ground, as stated in the opinion of the county judge, that there was no…

2Cases cited5 opinions

  1. Earl v. Camp & StoneNew York Supreme Court · 1837
  2. Stilwell v. CarpenterNew York Court of Appeals · 1875
  3. Ames v. WebbersNew York Supreme Court · 1832
  4. McDonald v. BunnNew York Supreme Court · 1846
  5. Carpenter v. . WillettNew York Court of Appeals · 1865

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