Legal Opinion

Robinson v. Brennan

New York Supreme Court

Decided July 15, 1877Published

Appeal from a judgment entered on a verdict in favor of tbe plaintiff, and from an order denying a motion for a new trial on tbe minutes of tbe justice before' whom tbe action was tried.

1Opinion of the Court

Davis, P. J. :

■ This action, was brought for an alleged false return, made on two executions issued out of the Court of Common Pleas, upon a judgment recovered in the Marine Comt and duly docketed in the former court. These executions were not strictly regular in all respects, but were, nevertheless, not void. It was the duty of the sheriff, therefore, to execute them. He could not avail himself of any of the defects alleged upon the trial, if they existed.

These executions were both issued by the attorney of record, of the plaintiff, and he had full authority to issue the same. Subsequently,…

2Cases cited4 opinions

  1. Gorham v. GaleNew York Supreme Court · 1827
  2. Mickles v. HartCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Sheldon v. . PayneNew York Court of Appeals · 1852
  4. Acker v. LedyardNew York Supreme Court · 1850

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