Sheldon v. Stryker
New York Supreme Court
THIS action came before the court by virtue of an order made by Justice Lott, at the trial, directing the defendant’s exceptions to be heard at the general term, in the first instance, with a stay of the plaintiff’s proceedings in the meantime.
Read the full summary
THIS action came before the court by virtue of an order made by Justice Lott, at the trial, directing the defendant’s exceptions to be heard at the general term, in the first instance, with a stay of the plaintiff’s proceedings in the meantime. The issues were tried April 9, 1860, and'the jury, under the charge of the court, rendered a verdict for the plaintiff for $1000, as the value of the property taken, and $192.50 as damages, being interest upon the value from the time of the taking. The complaint sought to charge the defendant, as sheriff, for taking a stock of millinery and straw goods…
1Opinion of the Court
By the Court, Emott, J.
The defendant attempted to justify, at the trial, under an execution issued upon a judg*120ment entered by confession, against William S. and Alexander Irvine, who were originally the owners of the goods of which the plaintiff claimed to be a purchaser. • The judge excluded the judgment record and the execution, on the ground that the judgment was not confessed in conformity with the provisions of the statute, (Code, § 383,) and was therefore utterly void and no protection to the officer. The question is whether, assuming that the statement in the judgment or the…
2Cases cited4 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Anderson v. RobertsNew York Supreme Court · 1820
- Winnebrenner v. EdgertonNew York Supreme Court · 1859
- Von Beck v. ShumanNew York Supreme Court · 1856
3Cited by4 opinions
- Teel v. . YostNew York Court of Appeals · 1891
- Pulley v. PulleySupreme Court of North Carolina · 1961
- Halsey v. MeinrathMissouri Court of Appeals · 1893
- Mitchell v. . Van BurenNew York Court of Appeals · 1863