Dewey v. Field
New York Supreme Court
Motion by plaintiff to refer. This action was against the late sheriff of Otsego county. The complaint alleged that the plaintiff commenced an action against one B. Barrett on the 20th March, 1852, and in such action caused an attachment to be issued to the defendant in this action as such sheriff, against the real and personal property of Barrett; that the defendant attached property of Barrett more than sufficient to pay the demand of the plaintiff against Barrett; that…
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Motion by plaintiff to refer. This action was against the late sheriff of Otsego county. The complaint alleged that the plaintiff commenced an action against one B. Barrett on the 20th March, 1852, and in such action caused an attachment to be issued to the defendant in this action as such sheriff, against the real and personal property of Barrett; that the defendant attached property of Barrett more than sufficient to pay the demand of the plaintiff against Barrett; that the plaintiff recovered a judgment in such action against Barrett on the 12th June, 1852, for $456.41, and on the same day…
1Opinion of the Court
Paige, Justice.
The gravamen of the complaint is, the defendant’s false return to the execution issued on the plaintiff’s judgment, and his breach of duty in not satisfying the execution out of the property in his hands attached under the attachment issued in the action against Barrett. (Code, § 2, 231, 237.)
The action is clearly in tort, and not upon contract; and is therefore not a referable action. The trial cannot require the examination of an account in the ordinary acceptance of the term. No computation of debts and credits between the parties will be necessary. The examination of…
2Cases cited5 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Keenholts v. BeckerNew York Supreme Court · 1846
- Tmomas v. ReabNew York Supreme Court · 1830
- Salisbury v. ScottNew York Supreme Court · 1810
- AnonymousNew York Supreme Court · 1826
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