Bullis v. . Montgomery
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict in favor of plaintiffs, and granting a new trial. (Reported below, 8 Lans., 255.) This action was brought by plaintiffs’ assignees of one Walters to recover possession of certain blacksmith tools and iron, and other property, conveyed by the assignment.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict in favor of plaintiffs, and granting a new trial. (Reported below, 8 Lans., 255.) This action was brought by plaintiffs’ assignees of one Walters to recover possession of certain blacksmith tools and iron, and other property, conveyed by the assignment. The property was sold in January, 1867, by defendants, Montgomery and Sage, to Walters, upon a credit, they receiving his notes for the purchase-money. Walters executed an assignment, for the benefit of creditors, to plaintiffs,…
1Opinion of the CourtFolgeb, J.
First: Was the process in the hands of.the deputy sheriff a protection to him against the action of the plaintiffs ?
It is a familiar principle that process, regular on its face, issued by a court or officer having jurisdiction so to do, is a protection to a sheriff for- acts done under it. (Savacool v. Boughton, 5 Wend., 170; Sheldon v. Van Buskirk, 2 Coms., 473.) This principle has been applied to the case of a sheriff acting in obedience to a writ of replevin; even to the extent of holding that the owner of goods taken by him may not maintain an action of trespass against him for taking…
2Cases cited11 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Crary v. SpragueNew York Supreme Court · 1834
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Dunham v. . MannNew York Court of Appeals · 1853
- Rogers v. . WeirNew York Court of Appeals · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Siedenbach v. . RileyNew York Court of Appeals · 1888
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
36 more not listed; retrieve them via the Exa API.