Legal Opinion

Haggerty v. Wilber

New York Supreme Court

Decided May 15, 1819PublishedCited by 21 opinions

THE sheriff of Otsego made a special return to ten different writs of fieri facias directed to him. Nine of the executions were against Wilber Barnet, and the other against Henry ; and a question was raised on the return of them, as to the priority to which they were respectively entitled.

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THE sheriff of Otsego made a special return to ten different writs of fieri facias directed to him. Nine of the executions were against Wilber Barnet, and the other against Henry ; and a question was raised on the return of them, as to the priority to which they were respectively entitled. In the first four suits, the executions were delivered to the sheriff between the 7th and 15th of January, 1817, inclusively, and the others in July, August, and November, 1817. The return stated, that the property out of which the money now in the hands of the sheriff was made, was, except a small quantity…

1Opinion of the Court

Spencer, Ch. J. delivered the opinion of the Court.

The first question is, whether there was such a levy under the four first executions, as to entitle the plaintiffs in those cases to be satisfied the amount out of the sales of the store and goods.

There can be no doubt that the sheriff had áuthority to break open the store, and seize the goods. The privilege which the law allows to a man’s habitation, and which precludes the sheriff from entering, unless the outer door be open, either to arrest the party, or to take his goods on execution, does not extend to a store or barn, disconnected from…

2Cited by21 opinions

  1. Roth v. . WellsNew York Court of Appeals · 1864
  2. Camp v. ChamberlainNew York Supreme Court · 1848
  3. Burton v. WilkinsonSupreme Court of Vermont · 1846
  4. Gallagher v. BishopWisconsin Supreme Court · 1862
  5. United States v. GraffNew York Supreme Court · 1875

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