Preston v. Leavitt
New York Supreme Court
This was an action of false imprisonment, tried at the Oneida circuit in April, 1829, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of false imprisonment, tried at the Oneida circuit in April, 1829, before the Hon. Nathan Williams, one of the circuit judges. The defendants offered .in evidence in their defence an execution, issued by a justice of the peace on a judgment rendered by him against the present plaintiffs, on the 29th December, 1826, returnable in thirty days; and proved that on the 23d July, 1827, the justice, at the request of the plaintiffs in the execution, and in the presence of the constable, renewed the execution, by making an endorsement thereon in these words; “This execution renewed…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question in this case is, whether a renewal of an execution is valid, so as to protect an officer and those who act in his aid in enforcing it, when such renewal is not signed by the justice. The original execution is admitted to have been duly signed, and to *664have been regular and valid in all respects. It is also ad-m¡necj; that on the 23d day of July, 1837, the justice, by whom the execution was issued, endorsed upon it these words; “ This execution renewed July 23d, 1827, fees, TW.” The justice himself testified that at the request of the plaintiffs in…
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