Ledyard v. . Jones
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial, made upon a bill of exceptions, had been denied, and judgment entered upon a verdict in favor of the plaintiff.
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Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial, made upon a bill of exceptions, had been denied, and judgment entered upon a verdict in favor of the plaintiff. (Reported below, 4 Sandf. 67.) This was an action of trespass on the case, brought in the supreme court, against the defendant, as sheriff of New York, for not levying an execution in favor of the plaintiff against one Jacob Acker, for the sum of $500.49; for not returning the same, within sixty days; and for making a false return to the said writ. The defendant pleaded the…
1Opinion of the CourtWatson, J.
There is but a single point in this case upon which the court is called upon to decide, and that is, as to the amount of damages the respondent is entitled to recover in this action. The verdict finds that the appellant did not levy the execution placed in his hands; that he made a false return upon it; that he did not return it at the expiration of sixty days; and it was admitted on the trial, that the defendant in the execution had both real and personal property out of which the execution might have been satisfied. The amount of the execution was $500.49, and the jury found a verdict of…
2Cases cited3 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Patterson v. WesterveltNew York Supreme Court · 1837
- Stevens v. RoweNew York Supreme Court · 1846
3Cited by18 opinions
- Dalton v. . SmithNew York Court of Appeals · 1881
- Pach v. . GilbertNew York Court of Appeals · 1891
- Benjamin v. SheaSupreme Court of Iowa · 1891
- Dunphy v. People ex rel. WhippleMichigan Supreme Court · 1872
- Ditsch v. FinnWisconsin Supreme Court · 1934
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