Hayes v. Davidson

— This is an appeal from an affirmance by the general term, of an order of the special term, discharging the sheriff from his liability to the plaintiff for an alleged trespass in seizing and converting his property and substituting in his place as defendant several persons who claim to have indemnified the sheriff for his acts in seizing the property. The motion was made under the provisions of the Code of Civil Procedure embraced in the several sections numbered 1421 to 1427 -inclusive.

Section 1421 reads as follows: Where an" action to recover a chattel hereafter levied upon by virtue of an…