Barron v. Boyd
New York Supreme Court
Appeal from a judgment in favor of the defendant at the Steuben circuit. The action was brought to obtain the delivery to the plaintiff of a piano which was taken by the defendant who was the sheriff of Steuben county, upon process issued against the plaintiff, the plaintiff claiming that the property was exempt from execution. In April, 1867, the plaintiff was the owner of the piano in question. On the twenty-fifth of that month he was adjudicated a bankrupt.
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Appeal from a judgment in favor of the defendant at the Steuben circuit. The action was brought to obtain the delivery to the plaintiff of a piano which was taken by the defendant who was the sheriff of Steuben county, upon process issued against the plaintiff, the plaintiff claiming that the property was exempt from execution. In April, 1867, the plaintiff was the owner of the piano in question. On the twenty-fifth of that month he was adjudicated a bankrupt. Subsequently a meeting of his creditors was held, an assignee was chosen who was appointed and qualified, and the property of the…
1Opinion of the CourtTalcott, J.
The defendant, as sheriff of Steuben county, seized and took in execution the piano of the plaintiff, by virtue of an execution against the plaintiff, regular on its face and issued by a court of competent jurisdiction. He was not bound to look beyond his process, and whatever may have been the effect of the bankruptcy proceedings upon the judgment on which the execution was issued, the officer is protected against an action. Orange Co. Bank v. Dubois, 21 Wend. 351; Ruckman v. Cowell, 1 N. Y. 505; Crocker on Sheriffs, 220.
This rule applies as well in an action of replevin as in other actions.…
2Cases cited3 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Ruckman v. . CowellNew York Court of Appeals · 1848
- Orange County Bank v. DuboisNew York Supreme Court · 1839