Paton v. Westervelt
The Superior Court of New York City
Appeal of plaintiffs from a judgment at special term dismissing the complaint. A bill of exceptions taken upon the trial was annexed to the record. The action was against the defendant, as late sheriff of the city and county of New York, for making false returns to three several executions.
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Appeal of plaintiffs from a judgment at special term dismissing the complaint. A bill of exceptions taken upon the trial was annexed to the record. The action was against the defendant, as late sheriff of the city and county of New York, for making false returns to three several executions. The complaint charged, 1. That one Magher, deceased, in his lifetime, on the 18th of October, 1847, recovered a judgment against one Lovell Purdy in the Supreme Court, for §2000 debt, and $22.38 costs, upon which an execution in the usual form was duly signed and delivered to the defendant, who by an…
1Opinion of the CourtBy the Court. Bosworth, J.
When the three executions first named in the complaint were returned, the execution in favor of Toler was in the sheriff’s hands unreturned. It was regular on its face, and assuming it to he valid, it was the duty of the sheriff to apply upon it any surplus remaining, after satisfying the execution in favor of Vyse. Assuming the Toler execution to be valid, and that it had not lost the priority which its prior delivery acquired, the return made to each of the three executions, by virtue of which the plaintiff claims, was a true return. Purdy had no property out of which any part of either of…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Parmelee v. HitchcockNew York Supreme Court · 1834
3Cited by4 opinions
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- Tremaine v. Phoenix Assurance Co.California Court of Appeal · 1935
- Cross v. WilliamsNew York Supreme Court · 1881
- Watson v. BrennanThe Superior Court of New York City · 1875