Cornell v. . Dakin
New York Court of Appeals
The Plaintiff sought to recover the amount of two executions, which came into his hands as sheriff of Rensselaer county, 'September 17, 1859, against Francis Davis; one for $713.60, and interest from June 17,1859; and the other for $783.25, and interest’ ■from June 17, 1859. These executions were levied on one rosewood piano, one piano-stool, and one looking-glass, on the premises of Burrows Cure, where Cure resided, and where Davis did not reside, September 19, 1859. The…
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The Plaintiff sought to recover the amount of two executions, which came into his hands as sheriff of Rensselaer county, 'September 17, 1859, against Francis Davis; one for $713.60, and interest from June 17,1859; and the other for $783.25, and interest’ ■from June 17, 1859. These executions were levied on one rosewood piano, one piano-stool, and one looking-glass, on the premises of Burrows Cure, where Cure resided, and where Davis did not reside, September 19, 1859. The sheriff, in the presence of Cure, who claimed the property at the time it was levied on, took a receipt from the Defendant…
1Opinion of the CourtDwight, J.
The suggestion of the bankrupt’s discharge can have no effect here. Such discharge cannot be considered as a bar to an action, in any stage, without being pleaded; and, if obtained too late to be pleaded, either originally, or by amendment, the remedy, it seems, is by motion for perpetual stay of execution. (Palmer v. Hutchins, 1 Cow. 42; Baker v. Taylor, id. 165.)
The questions in this case arise upon the denial of the Defendant’s motion for a nonsuit, and upon the rulings of the Court upon his several offers of evidence. A nonsuit was asked for, on the ground, that the receipt given by the…
2Cases cited3 opinions
- Palmer v. HutchinsNew York Supreme Court · 1823
- The People v. . ReederNew York Court of Appeals · 1862
- Acker v. BurrallNew York Supreme Court · 1839
3Cited by28 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Taliaferro v. GayCourt of Appeals of Kentucky · 1879
- Knapp v. . AndersonNew York Court of Appeals · 1877
- Perry v. WilliamsWisconsin Supreme Court · 1876
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