Woodworth v. Woodworth
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The referee made a special report, in which he stated as follows : “ That one Daniel Pease, on the fifth day of September, 1853, recovered a judgment in the supreme court of this state against one Leonard B. King, for $158.54. That on the 8th of September, 1853, an execution was issued on the said judgment to the plaintiff, who is, and was then, sheriff of the county of Monroe, and placed in the hands of a deputy of…
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APPEAL from a judgment entered on the report of a referee. The referee made a special report, in which he stated as follows : “ That one Daniel Pease, on the fifth day of September, 1853, recovered a judgment in the supreme court of this state against one Leonard B. King, for $158.54. That on the 8th of September, 1853, an execution was issued on the said judgment to the plaintiff, who is, and was then, sheriff of the county of Monroe, and placed in the hands of a deputy of said sheriff, who, on the 9th of the same month, levied on a certain quantity of oats, unthreshed, and a quantity of…
1Opinion of the Court
By the Court, Welles, J.
Assuming the theory of the ¡action to be correct, and that it may be maintained upon the evi*346deuce given by the plaintiff on the trial, provided the judgment in the defendant’s favor against King, or the execution, or sale thereon, is fraudulent and void, yet we think that neither the judgment, execution or sale was effectually assailed. There was no evidence that could be legally regarded as impeaching either. If they were valid, it puts an end to the action. It is claimed on the part of the plaintiff, that the levy and sale under the defendant’s execution was…
2Cases cited3 opinions
- Gardenier v. TubbsNew York Supreme Court · 1839
- Fonda & Hoag v. GrossNew York Supreme Court · 1836
- Farrington v. CaswellNew York Supreme Court · 1818
3Cited by1 opinion
- Wadsworth v. EdwardsCuyahoga Circuit Court · 1906