Williams v. Rogers
New York Supreme Court
THERE were several cross motions in these causes, which were submitted to the court, without argument. The first motion was on the part of the defendant, and John Coates, as assignee of the plaintiff, Williams, to set aside the test. fi. fa. issued in the last cause, with J J 7 costs; and also, that the overplus moneys in the hands 1 1 J of the sheriff, on the test. fi. fa. in the first cause, should J J be paid to Coates.
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THERE were several cross motions in these causes, which were submitted to the court, without argument. The first motion was on the part of the defendant, and John Coates, as assignee of the plaintiff, Williams, to set aside the test. fi. fa. issued in the last cause, with J J 7 costs; and also, that the overplus moneys in the hands 1 1 J of the sheriff, on the test. fi. fa. in the first cause, should J J be paid to Coates. There was also a motion on the part of the plaintiff, _ , , , , . Ross, to amend the return to the execution in his cause; and also for a rule on the sheriff to satisfy his…
1Per curiam
The motion on the part of the plaintiff, Daniel Ross, to amend the return to the execution, must be granted, on payment of the costs of the motion. The case of Hunt v, Kendrick, (2 Bl. Rep. 836.) is in point. The inaccuracy in the return does not render the process . void, but voidable only.' (2 Burr. 1187.) The case of Drake v. Miller, (Coleman's Cases, 85.) was contrary to *167the established rule on this subject. It construed the statute with unnecessary severity, and certainly ought not to be extended to a case which is not precisely within the terms of it.
The other motion, on the part of…
2Cases cited1 opinion
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
3Cited by24 opinions
- Hubert v. MendheimCalifornia Supreme Court · 1883
- Rathbone v. StockingNew York Supreme Court · 1848
- Gusdorf & Co. v. Ikelheimer & Co.Supreme Court of Alabama · 1883
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
- Williams v. HogeboomNew York Court of Chancery · 1840
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