Shaw v. Davis
New York Supreme Court
THIS was an action brought by the plaintiff against the defendant in a justice’s court, for the conversion of a quantity of potatoes; cabbages, apples and bags. The defendant denied the complaint, and alleged that he was a constable of the town of Greenfield, H. Y., and as such he took -the property in question by virtue of an execution against the plaintiff.
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THIS was an action brought by the plaintiff against the defendant in a justice’s court, for the conversion of a quantity of potatoes; cabbages, apples and bags. The defendant denied the complaint, and alleged that he was a constable of the town of Greenfield, H. Y., and as such he took -the property in question by virtue of an execution against the plaintiff. The cause was tried March 6th, 1868, in the justice’s court, by a jury, and the plaintiff recovered a"judgment for damages and costs, $23.93. The defendant appealed to the county court of Saratoga county, where the judgment was reversed.…
1Opinion of the Court
By the Court, Bockes, J.
The point is first taken, by the plaintiff’s counsel, that no judgment or execution was proved. The answer sets up a justification of the seizure and sale of the property by the defendant as constable, under an execution issued on a judgment against the plaintiff. If it be conceded that the defendant proceeded as constable under an execution against the plaintiff, issued by a justice of the peace of the county, and in all respects formal, it was sufficient for his justification, without proving the judgment on which it issued. A min*397isterial officer is protected in the…
2Cases cited6 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Brownell v. . WinnieNew York Court of Appeals · 1864
- Thomas v. ClappNew York Supreme Court · 1855
- Staats v. Hudson River Rail RoadNew York Supreme Court · 1862
- Weed v. LeeNew York Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
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- Arrex v. BrodheadNew York Supreme Court · 1879
- Hodge v. LeaningNew York Surrogate's Court · 1884