Legal Opinion · Concurrence

Seymour v. Newton

New York Supreme Court

Decided January 15, 1879Published

Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court without a jury. On March 27,1876, the plaintiffs recovered two judgments against one E. A. Watrous, in a justice’s court, amounting to $307.54, and at the same date executions thereon were issued to the defendant Newton, a constable.

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Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court without a jury. On March 27,1876, the plaintiffs recovered two judgments against one E. A. Watrous, in a justice’s court, amounting to $307.54, and at the same date executions thereon were issued to the defendant Newton, a constable. On the same day the defendant attempted to levy upon certain property of Watrous, indorsing on the executions the time of levy and a description of the property. The executions were renewed several times and were returned unsatisfied November 21, 1876. , The…

1Concurrence

Learned, P. J.:

I concur in the result of this decision; but under the decision in Crofut v. Brandt (46 How. Pr., 481); affirmed in 47 id., 263, and of White v. Madison (26 N. Y., 127), I don’t think that the sheriff exhausted the property in making satisfaction of the execution in his hands. He appears to have retained money for charges Avhich he Avas not authorized by law to make.

Boardman, J., concurred.

Judgment affirmed, with costs.

2Cases cited1 opinion

  1. Crofut v. BrandtNew York Court of Common Pleas · 1874

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