Holmes v. Nuncaster
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. I ms was an action oi trover, brought by Nuncaster, in the court below, against the plaintiff in error, for bank notes, to the amount of 22 dollars.
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IN ERROR, on certiorari to a justice’s court. I ms was an action oi trover, brought by Nuncaster, in the court below, against the plaintiff in error, for bank notes, to the amount of 22 dollars. The defendant below, a constable, being present when some money was paid to the plaintiff below, and some conversation arising about the money being good, it was handed to the defendant, by the plaintiff, for examination, and thereupon the defendant, haying in his hands an execution against the plaintiff, kept the money, and applied it fo the payment of the execution, and refused to deliver it to the…
1Per curiam
What the objection was to the admission of the execution in evidence, does not appear. The execution was all that it was necessary for the constable to show in his de? *396fence, provided he.had a right to take money under it; he was not bound to show the judgment. It appears, from the plaintiif’s own. testimony, that the money was claimed to be held by {}le defendant under an execution against him ; so that the only ’ question is, whether the constable had a right to levy and hold the money under the execution, The' money came into his hands by delivery ,from the plaintiff himself, though for…
2Cases cited1 opinion
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
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- Gall v. FrybergerIndiana Supreme Court · 1881
- Prentiss v. BlissSupreme Court of Vermont · 1832
- Jackson v. HobsonIllinois Supreme Court · 1843
- Rogers v. Bullen's AdministratrixChatham Superior Court, Ga. · 1822
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