Michaels v. Shaw
New York Supreme Court
This was an action on the case for a false return, tried at the New-York circuit in January, 1832, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action on the case for a false return, tried at the New-York circuit in January, 1832, before the Hon. Ogden Edwards, one of the circuit judges. The declaration was capped of July term, 1831. ''It set forth a judgment in favor of the plaintiffs against one W. B. M’Lean, in the common pleas of N. Y., a fieri facias issued thereon, tested the third Monday of November, 1830, returnable the third Monday of December thereafter, and a return of nulla bona made on the day of the return of the process, which return it was alleged was false. On the trial of the cause, the plaintiffs…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judge erred in non-suiting the plaintiff. The declaration is certainly right in charging the false return to have been made when the exe*588cution was returnable ; and there can be no doubt that a re-. turn, made long after the return day, may be given in evidence under such a declaration. This is not controverted. For this purpose the return, when actually made, has relation to , ‘ _ . _ . , i i n the return day of the writ. It is however undoubtedly true that no cause of action existed, until the return became matter of record ; and from the memorandum of the…
2Cases cited1 opinion
- Paul v. GravesNew York Supreme Court · 1830
3Cited by1 opinion
- Allen v. CarpenterMichigan Supreme Court · 1866