Legal Opinion

Mickles v. Tousley

New York Supreme Court

Decided May 15, 1823PublishedCited by 6 opinions

Certiorari from, a Justice’s Court. Trespass, by Tousley against Mickles fy Matthews, for ta-an¿ carrying away, out of the possession of the plaintiff, 27 sheep. And on issue and trial, it appeared that these sheep were taken and sold, on an execution in favour'of Mic~.■ /c/es against one Whitney ; and that Matthews, the other de-fendant, was the Deputy Sheriff who made the levy and sa]e which was the trespass complained of.

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Certiorari from, a Justice’s Court. Trespass, by Tousley against Mickles fy Matthews, for ta-an¿ carrying away, out of the possession of the plaintiff, 27 sheep. And on issue and trial, it appeared that these sheep were taken and sold, on an execution in favour'of Mic~.■ /c/es against one Whitney ; and that Matthews, the other de-fendant, was the Deputy Sheriff who made the levy and sa]e which was the trespass complained of. The plaintiff Tousley, was the mere naked bailee of Whitney, the defendant in the execution, having the sheep upon his farm, to ]zeep for Whitney. Judgment being given…

1Opinion of the Court

Curia.

It does not lie in the mouth of the defendant, to say that any of these sheep were exempt from execution. That is a privilege of which Whitney alone could avail himself.

Judgment reversed.

2Cited by6 opinions

  1. Baker v. BrintrallNew York Supreme Court · 1868
  2. People ex rel. Scott v. WilliamsNew York Supreme Court · 1893
  3. Brown v. LeitchSupreme Court of Alabama · 1877
  4. Pines v. TraktmanNew York Supreme Court · 1918
  5. People ex rel. Jones v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1898

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