Walden v. Davison
New York Supreme Court
This was an action of assumpsit, tried at the Allegany circuit in September, 1834, before the Hon, Addison Gardiner, one of the circuit judges. The suit was brought to recover monies collected by one Wilson, a deputy of the defendant, while the latter was sheriff of Allegany.
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This was an action of assumpsit, tried at the Allegany circuit in September, 1834, before the Hon, Addison Gardiner, one of the circuit judges. The suit was brought to recover monies collected by one Wilson, a deputy of the defendant, while the latter was sheriff of Allegany. On the 7th October, 1820, Wilson received from the plaintiff a ft. fa. in his favor against M. Van Cam-pen, directing to be levied $615,04, with interest from 15th February, 1820. The execution in the body thereof commanded the sheriff of Cattaraugus to cause the money to be levied. On the 11th October, Wilson wrote the…
1Opinion of the Court
By the Court,
Bronson, J.
The execution, when returned and filed in the clerk’s office, was a record, and like all other records imported absolute verity. The evidence given by the defendant to contradict the exemplified copy of the writ was wholly irregular, and in judgment of law proved nothing. If the sheriff was injured by the amendment ordered by the court, without notice to him, he should have made a motion to have the writ restored to its former state. The propriety of making the amendment, or the sufficiency of the grounds on which it was ordered, could not be inquired into in any…
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