Humphrey v. Hathorn
New York Supreme Court
THIS was a motion- for a new trial, founded on exceptions taken upon the trial at the circuit. The action was brought against the defendant as sheriff of Saratoga county, for not executing and not returning an execution, against property, delivered to him to collect.
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THIS was a motion- for a new trial, founded on exceptions taken upon the trial at the circuit. The action was brought against the defendant as sheriff of Saratoga county, for not executing and not returning an execution, against property, delivered to him to collect. On the trial of the action at the circuit, the plaintiff proved a judgment in his own favor against the Empire State Mutual Insurance Company for $758.35, the roll of which was filed and the judgment docketed in Niagara county on the 30th of October, 1854. And that the said judgment was also docketed in Saratoga.county, on the 2d…
1Opinion of the Court
By the Court, Mullett, J.
The action against a sheriff for not executing and returning an execution delivered to him, according to its command, is founded on the statute. (2 R. S. 440, § 77.) The statute makes the sheriff liable to the aggrieved party, for the damages sustained by him, but the form of the remedy, and the facts necessary to be stated in the declaration or proved on the trial, are not set forth. In the ease of Stevens and others v. Rowe, (3 Denio, 327,) the supreme court held that an action on the case was the appropriate remedy, and that the particular grounds of damages on…
2Cases cited1 opinion
- Stevens v. RoweNew York Supreme Court · 1846
3Cited by9 opinions
- Dininny v. FayNew York Supreme Court · 1862
- Wehle v. . ConnerNew York Court of Appeals · 1877
- Gilbert v. Watts-DeGolyer Co.Appellate Court of Illinois · 1896
- Peck v. HurlburtNew York Supreme Court · 1866
- Crouse v. BaileyNew York Supreme Court · 1890
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