Elder v. Morrison
New York Supreme Court
Error from the Orange common pleas. Morrison sued Elder in an action of assault and battery. The defendant pleaded the general issue, and gave notice of special matter. On the trial, the following facts appeared : The plaintiff on the premises of one Milburn, offered for sale two horses at public auction, in pursuance of a previous notice.
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Error from the Orange common pleas. Morrison sued Elder in an action of assault and battery. The defendant pleaded the general issue, and gave notice of special matter. On the trial, the following facts appeared : The plaintiff on the premises of one Milburn, offered for sale two horses at public auction, in pursuance of a previous notice. Woodward, a constable of Wallrill, having in bis hands a justice’s execution against Milburn, was present and forbade the sale, claiming the horses under the execution and demanding possession of them, which the plaintiff refused to yield. Woodward demanded…
1Opinion of the Court
By the Court,
Savage, Ch. J.
For the plaintiff in error, it is argued that the officer, when indemnified by the plaintiff in the execution, is bound to sell the property} and that by the revised statutes, 2 R. ¡S. 441, § 80, it is enacted that when a sheriff or other public officer shall find resistance, or have reason to apprehend it in the execution of any process delivered to him, he may command every male inhabitant of his county, or as many as he shall think proper, to assist him in overcoming such resistance, and in seizing and confining the resisters. The statute, further requires that…
2Cases cited1 opinion
- Oystead v. ShedMassachusetts Supreme Judicial Court · 1815
3Cited by17 opinions
- Mejia v. City of New YorkDistrict Court, E.D. New York · 2000
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
- Dietrichs v. SchawIndiana Supreme Court · 1873
- Palmer v. ShenkelMissouri Court of Appeals · 1892
- Egleston v. ScheibelAppellate Division of the Supreme Court of the State of New York · 1906
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