Legal Opinion

Partridge v. McMartin

New York Supreme Court

Decided October 15, 1841PublishedCited by 1 opinion

Error from the Fulton 0. P. This was an action brought by Partridge against McMartin in a justice’s court to recover the penalty of fifty dollars given by statute against an officer who does not within ten days after goods distrained for rent shall have been sold, or after such goods shall [ *656 ] *have been replevied, file in the office of the town clerk the original warrant of distress with the original affidavit of the landlord, his agent or receiver, delivered with such…

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Error from the Fulton 0. P. This was an action brought by Partridge against McMartin in a justice’s court to recover the penalty of fifty dollars given by statute against an officer who does not within ten days after goods distrained for rent shall have been sold, or after such goods shall [ *656 ] *have been replevied, file in the office of the town clerk the original warrant of distress with the original affidavit of the landlord, his agent or receiver, delivered with such warrant. The penalty is given to the person whose property shall have been distrained, 2 R. S. 412, § 9. The defendant…

1Opinion of the Court

By the Court,

Nelson, C. J.

As I am of opinion that the plaintiff cannot maintain the action under any circumstances within the true construction of the statute, no other question raised in the case need be examined.

By the 2 R. S. 412, § 8 and 9, it is provided, that the officer [ *657 ] into whose hands the warrant of distress is placed, shall *not make the distress unless there shall bo delivered with the warrant an affidavit made by the landlord, or, &c., specifying the amount of rent due, and the time for which it accrued; and that within ten days after the *501goods distrained shall have been…

2Cited by1 opinion

  1. Ingalsbee v. WoodNew York Supreme Court · 1862

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