Clearwater v. Brill
New York Supreme Court
This case came before the General Term, under an order made at the Ulster Circuit, directing a verdict for the plaintiff, subject to the opinion of this court. The action was for the wrongful taking from the plaintiff, a constable, certain personal property, held by him under certain executions issued by a justice of the peace against one Dolson.
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This case came before the General Term, under an order made at the Ulster Circuit, directing a verdict for the plaintiff, subject to the opinion of this court. The action was for the wrongful taking from the plaintiff, a constable, certain personal property, held by him under certain executions issued by a justice of the peace against one Dolson. The defendant, the sheriff of Ulster county, avers that he took the same by virtue of an attachment in the Supreme Court against the same Dolson. On the trial the plaintiff gave in evidence five executions against Dolson, issued by a justice of the…
1Opinion of the Court
Learned, P. J.:
It is important to notice that, at the time of the alleged wrongful taking of this property by the defendant, the plaintiff had actual possession of it, by virtue of five executions, each of which was valid on its face. Whatever may have been the irregularity or imperfection of the proceedings before the justice, the constable, having these executions, valid on their face, and issuing from a competent authority, was bound to execute them, and to take the property of Dolson (Savacool v. Boughton, 5 Wend., 170), even if he had known the facts alleged to render the proceedings…
2Cases cited12 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clapp v. . GravesNew York Court of Appeals · 1863
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