Alderman v. Share
New York Supreme Court
Error from the Onondaga common pleas. Share sued Alderman in a justice’s court, and declared against him in trover for taking certain property, and converting the same to his use. The defendant pleaded the general issue; the cause was tried before the justice, and judgment rendered for the plaintiff.
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Error from the Onondaga common pleas. Share sued Alderman in a justice’s court, and declared against him in trover for taking certain property, and converting the same to his use. The defendant pleaded the general issue; the cause was tried before the justice, and judgment rendered for the plaintiff. The defendant appealed to the common pleas of Onondaga, where the cause was again tried, and a special verdict found, from which it appeared that the property in question was sold by the defendant as a constable, by virtue tifa justice’s execution, which was delivered to him on the 16th March,…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question in this case is whether a constable who, during his term óf tifficé, levies on property by virtue o’f a justice’s execution, lean still that property under the execution after he is out of office.
In relation to sheriffs it is well settled, that an exticution is an entire thing, and that the sheriff, to whom, an exticution is delivered, and who levies on property, must corhplete the sale, although he has ceased to be sheriff. Oo. Jac. 73. 2 S'áund. 47, b. note 2. 20 J ohns. R. 73. 2 Caines, 244. 2 Co wen, 423. 3 id. 95. Another principle which has…
2Cited by3 opinions
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- Carr v. WeldNew Jersey Court of Chancery · 1868
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873