Dorrance v. Henderson
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon tbe report of a referee. The action was brought against the sheriff to recover damages for a false return.
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Appeal from a judgment in favor of the plaintiff, entered upon tbe report of a referee. The action was brought against the sheriff to recover damages for a false return. It appeared that on the 9th day of August, 1876, the defendant, as sheriff, levied upon and took possession of the stock of goods of Case & Downes, as copartners, of the value of $2,000, by virtue of two executions issued ■ upon two judgments recovered by the plaintiff’s intestate against the said firm, and duly advertised the same for sale thereunder. That on the 15th day of August, 1876, a petition in the usual form was…
1Opinion of the Court
Boardman, d.:
This was an action brought against the sheriff for a false return upon two executions issued to him. Judgments in favor of plaintiff’s intestate. The facts are very clearly stated in the decision of the learned referee, to which reference is made.
The -judgment rolls, the executions and the levy are conceded to have been regular in form, and that the defendant, by his levy, acquired a jgri/ma facie title to, or lien upon, the property seized. After such levy, bankruptcy proceedings were had against Case and Downes, defendants in the execution, by their creditors. Under those…
2Cases cited7 opinions
- Smith v. MasonSupreme Court of the United States · 1871
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Swezey v. . LottNew York Court of Appeals · 1860
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