Payfer v. Bissell
New York Supreme Court
Certiorari to the municipal court of the city of Brooklyn. Payfer commenced an action of debt in the court below against Bissell, a constable, for not returning an execution within the time prescribed by law. The execution was issued from that court, upon a judgment in favor of Payfer against Ormsbey & Hall. On the trial the case was this : The execution in question was issued and delivered to the defendant below, on the 1st of July, 1840, returnable in sixty days.
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Certiorari to the municipal court of the city of Brooklyn. Payfer commenced an action of debt in the court below against Bissell, a constable, for not returning an execution within the time prescribed by law. The execution was issued from that court, upon a judgment in favor of Payfer against Ormsbey & Hall. On the trial the case was this : The execution in question was issued and delivered to the defendant below, on the 1st of July, 1840, returnable in sixty days. It remained in the defendant’s hands till the 15th of April, 1841, when it was returned with a certificate of levy endorsed dated…
1Opinion of the CourtBy the Courts Cowen, J.
The proof was sufficient to establish the claim of the plaintiff below in the first instance. The defendant had omitted to make return of the execution within five days after the return day, as required by 2 R. S. 182, 2d ed. § 157,—p. 253, 1st ed. ; the consequence of which was, that he became liable for the whole debt with interest. That this section extends to constables of the city of Brooklyn, is not denied. (See Sess. Laws of ’30, p. 82, in connection with Sess Laws of ’27, p. 146. See also Sess. Laws of ’31, p. 343.)
Both parties also concur that the 2 R. S. 185, § 176, 2d ed. has no…
2Cases cited3 opinions
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- Blanchard v. MyersNew York Supreme Court · 1812
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