Sheldon v. Paine
New York Court of Appeals
Appeal from the supreme court. Action against the " sheriff of Washington for moneys alleged to have been collected upon an execution in favor of the plaintiff. Upon the trial at the Rensselaer circuit before Mr. Justice Habéis and a jury, the plaintiff- proved a judgment and an execution thereon, with a return signed by one Meecham, the defendant’s deputy, that he had made $660.95; of which $500, it was admitted, had been paid over to the plaintiff.
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Appeal from the supreme court. Action against the " sheriff of Washington for moneys alleged to have been collected upon an execution in favor of the plaintiff. Upon the trial at the Rensselaer circuit before Mr. Justice Habéis and a jury, the plaintiff- proved a judgment and an execution thereon, with a return signed by one Meecham, the defendant’s deputy, that he had made $660.95; of which $500, it was admitted, had been paid over to the plaintiff. The defendant proved by the deputy Meecham, under exception by the plaintiff, that Meecham had charge of the execution; that after he had made a…
1Opinion of the Court
Ruggles, Ch. J.,
delivered the opinion of the court. The return endorsed on the execution is conclusive between the plaintiff and the sheriff for the purpose of showing the amount of money raised by the officer on that writ.
*400The return, although made by the deputy in the sheriff’s name, is the act of the sheriff, and when the question comes up directly between one of the parties to the execution and the sheriff, the latter is not permitted to gainsay it. (Townsend v. Olin, 3 Wend., 207; Gardner v. Hosmer, 6 Mass., 327; Harris v. Small, 22 Maine Rep., 14; Purrington v. Loring, 7 Mass., 392; Doly…
2Cases cited4 opinions
- Gorham v. GaleNew York Supreme Court · 1827
- Doty v. TurnerNew York Supreme Court · 1811
- Wilson v. LoringMassachusetts Supreme Judicial Court · 1811
- Armstrong v. GarrowNew York Supreme Court · 1826