Corning & Horner v. Southland
New York Supreme Court
Case, tried at the Schoharie circuit, October 27th, 1841, before Cushman, C. Judge. The action -was brought against Southland, sheriff of Wayne county, for not returning a fi. fa. issued on a judgment in this court in favor of the plaintiffs, Corning & Horner, against one Copp. The fi. fa. was issued by W. D. White as attorney for the plaintiffs, with directions endorsed to levy and collect $688,22. It was made returnable sixty days from the receipt thereof by the sheriff.
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Case, tried at the Schoharie circuit, October 27th, 1841, before Cushman, C. Judge. The action -was brought against Southland, sheriff of Wayne county, for not returning a fi. fa. issued on a judgment in this court in favor of the plaintiffs, Corning & Horner, against one Copp. The fi. fa. was issued by W. D. White as attorney for the plaintiffs, with directions endorsed to levy and collect $688,22. It was made returnable sixty days from the receipt thereof by the sheriff. One Warren, a deputy of the defendant, received the fi. fa. on the 24th of December, 1840. On the 11th of January, 1841,…
1Opinion of the Court
By the Court, Cowen, J.
It was the duty of the defendant to return the fi. fa. by the sixtieth day after he received it, (Sess. Laws of 1840, p. 334, § 24,) unless the return was dispensed with by the plaintiffs or their attorney; and he was liable to an action for his neglect to discharge that duty, without first being called upon to make the return by rule or notice. (Burk v. Campbell, 15 John. 456 ; Fisher v. Pond, 2 Hill, 338.) In this case the return day was the 23d of Feb-r ruary, 1841; and the writ was not returned on that day. The, jury have found that the letter from the plaintiffs’…
2Cases cited2 opinions
- Walters & Farley v. Sykes & HarmanNew York Supreme Court · 1840
- Burk v. CampbellNew York Supreme Court · 1818