Legal Opinion

Homan v. Liswell

New York Supreme Court

Decided February 15, 1827PublishedCited by 8 opinions

On error from the C. P. of the county of Schenectady. cited 2 Comen, 518, 605 and 612, note; 1 Serg. and Raicle, 411, per Tilghman, C. J. ; 1 Com. on Cont. S, 9, 10, 58, 59; Statute of 1824, sess. 47, ch. 238, s. 17, p. 289. The facts are stated in the opinion of the court, which ■ was delivered by

1Opinion of the CourtSutherland, J.

Liswell sued Homan before a justice, anc] declared against him in case, for not returning an execution, which had been delivered to Homan, as a consta-kle, in favor of Liswell against Dudley and Tremple. Lis-well recovered, before the justice, the amount of the execution. Homan appealed to the common pleas, where Lis-well again recovers, and Homan brings his writ of error.

The execution bore date the 7iA of March, 1825 ; and on the 6th of April following, it was renewed by direction, and with the assent of LiswelVs agent, with a full knowledge of the time when it issued, and of all the…

2Cited by8 opinions

  1. Curtis v. BlairMississippi Supreme Court · 1853
  2. Gorham v. WingMichigan Supreme Court · 1862
  3. Wehle v. . ConnerNew York Court of Appeals · 1877
  4. McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900
  5. Connecticut National Bank v. BaylesAppellate Division of the Supreme Court of the State of New York · 1897

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