Magne v. Seymour
New York Supreme Court
Error from the Monroe common pleas. Magne sued Seymour, sheriff of Monroe, in an action on the case for a false return of nulla bona on an execution in favor of Magne againt one Barrington, for $510. The plaintiff produced the execution with the return, and gave in evidence a receipt of one Braithwaite, acknowledging to have received of the defendant as sheriff of the county of Monroe, certain articles of personal property, particularly described, taken on an execution in…
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Error from the Monroe common pleas. Magne sued Seymour, sheriff of Monroe, in an action on the case for a false return of nulla bona on an execution in favor of Magne againt one Barrington, for $510. The plaintiff produced the execution with the return, and gave in evidence a receipt of one Braithwaite, acknowledging to have received of the defendant as sheriff of the county of Monroe, certain articles of personal property, particularly described, taken on an execution in favor of Magne against Barrington, which lie promised to deliver to the sheriff; the receipt bore date on the same day…
1Opinion of the Court
By the Court,
Savage, Ch. J.
When an execution is delivered to a sheriff, it is his duty to levy upon the property of the defendant, and sell it if necessary. If he levies on goods and chattels, and doubt whether they belong to the defendant, he may impannel a jury to enquire in whom thi? property of the goods is vested. And Mr. Archbold supposes, 1 Arch. Pr. 294, that their inquest will justify him in making a return of nulla bona, or mitigate the damages in an action of trespass against him. This subject has been several times before this court. In Bailey v. Bales, 8 Johns R. 143, the…
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