Legal Opinion

Dorrance v. . Henderson

New York Court of Appeals

Decided May 11, 1883PublishedCited by 3 opinions

Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 2, 1882, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. (¡Reported below, 27 Hun, 206.) This action was brought against defendant, as sheriff of the county of Madison, to recover damages for alleged false returns to two executions issued to him as such. The material facts are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 2, 1882, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. (¡Reported below, 27 Hun, 206.) This action was brought against defendant, as sheriff of the county of Madison, to recover damages for alleged false returns to two executions issued to him as such. The material facts are stated in the opinion. The fact that the clerk docketed the judgment against “Thomas Downs, Jr., impleaded,” did not affect the regularity of the judgment or executions. (Northern…

1Opinion of the CourtDanforth, J.

On the 8th of August, 1876, Thomas Downs, Sr., obtained two judgments in the Supreme Court of this State, against Joseph D. Case and Thomas Downs, Jr. (partners in trade under the name of Case & Downs)) and issued executions for their enforcement, to the defendant, then sheriff of Madison county. He levied them on property of the value of $2,000, and advertised it for sale, but on the 22d day of December, 1876, made return that he found nothing to satisfy the executions'. This action was brought on the 31st of August, 1877, by the plaintiff’s intestate, upon the theory that the return was…

2Cases cited1 opinion

  1. Acker v. . LedyardNew York Court of Appeals · 1853

3Cited by3 opinions

  1. Ansonia B. and C. Co. v. . ConnerNew York Court of Appeals · 1886
  2. People v. PapernoNew York Supreme Court · 1979
  3. People v. FairbairnAppellate Division of the Supreme Court of the State of New York · 1965

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