Wickham v. Miller
New York Supreme Court
'IN ERROR, qn a bill of exceptions to the court tif common pleas of Sullivan county. This was an action of replevin, brought by Wickham, against Miller, in the court below, for taking, on the 29th of October, 1812, the beasts, goods, and chattels óf the plaintiff, to wit, two horses, ope wagon, and one set of harness, at the town of Mar makating., The defendant, in. his avowry, stated, that on the 29th of October, hd was one of the constables of Mamakating, and that, on the…
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'IN ERROR, qn a bill of exceptions to the court tif common pleas of Sullivan county. This was an action of replevin, brought by Wickham, against Miller, in the court below, for taking, on the 29th of October, 1812, the beasts, goods, and chattels óf the plaintiff, to wit, two horses, ope wagon, and one set of harness, at the town of Mar makating., The defendant, in. his avowry, stated, that on the 29th of October, hd was one of the constables of Mamakating, and that, on the 3d of June, 1812, an execution was issued by Newkirk, a justice of the peace in Sullivan county, and delivered to him,…
1Opinion of the CourtYates, J.
The first question in this cause is as to the validity of the executions originally issued by the justice; whether the re*322newal by him; as stated, continued the, authority to the oflicer, , utider the. statute, to levy on the property.
The 11th section of the act for the recovery of debts to the value, of 25 dollars, among’ other things,., states,, that whenever judgment- shall be given against either plaintiff Or defendant, the court shall grant execution thereupon, directed to any constable within .the county, commanding-him t,d. levy, the debt, • or damages and costs, of the goods and…
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- Pixley v. ButtsNew York Supreme Court · 1823
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