Hollister v. Johnson
New York Supreme Court
This was an action for false imprisonment. The defendant, as a constable, committee the plaintiff to jail on a justice’s execution for $41,79,. where he remained five days.
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This was an action for false imprisonment. The defendant, as a constable, committee the plaintiff to jail on a justice’s execution for $41,79,. where he remained five days. The plaintiff proved that, at the time of his commitment, he was a house-keeper, having a family, in the county where the judgment was rendered, and occupied a farm at a rent of $60 per annum, of which he had been in possession for three years; that he was possessed of two colts worth $40, a waggon worth $25, and household furniture of considerable value over and above what by law was exempted from execution. The suit in…
1Opinion of the Court
By the Court,
Sutherland, J.
It is the duty of the constable to whom an execution is delivered in alocases to search for property to satisfy it before he takes the person of the defendant. The form of the execution clearly indicates his duty in this respect; it commands him “ to levy the debt or damages and costs of the goods and chattels of the defendant, &c, and if no goods and chattels can be found, then to take the body of the defendant,” &c; (Laws of 1824, p. 286, § 14. Waterman’s Manual, 86.) His right to take the body depends upon the contingency of there being no property to be found.…
2Cited by7 opinions
- White v. . AshtonNew York Court of Appeals · 1873
- Drew v. KimballSupreme Court of New Hampshire · 1861
- Blakely v. WeaverNew York Supreme Court · 1887
- Dezell v. OdellNew York Supreme Court · 1842
- Fitts v. BrownSuperior Court of New Hampshire · 1845
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