Flack v. . the State of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 11,1883, which affirmed a decision of the State hoard of audit, disallowing a claim presented by the executors of the will of William C. Conner, late sheriff of the county of Hew York, for poundage upon an execution. (Reported below, 29 Hun, 286.) The material facts are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 11,1883, which affirmed a decision of the State hoard of audit, disallowing a claim presented by the executors of the will of William C. Conner, late sheriff of the county of Hew York, for poundage upon an execution. (Reported below, 29 Hun, 286.) The material facts are stated in the opinion. The sheriff was entitled to poundage on the execution issued against the person of the judgment debtor, although no part of the judgment was collected and he died while in custody. (29 Eliz., chap.…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff’s testator while sheriff of the county of Hew York received for collection an execution upon a judgment in an action wherein the people of the State were plaintiffs and William M. Tweed was defendant.
The plaintiff, having recovered its judgment for upward of six and a half millions of dollars, issued an execution thereon against the property of the defendant, which having been returned nulla bona, thereupon issued the execution against the person of the defendant.
On December 20, 1876, the sheriff arrested the defendant upon the execution,' and retained him in…
2Cases cited8 opinions
- Campbell v. . CothranNew York Court of Appeals · 1874
- Adams v. HopkinsNew York Supreme Court · 1810
- Patterson v. WesterveltNew York Supreme Court · 1837
- Smith v. . KnappNew York Court of Appeals · 1864
- Hildreth v. ElliceNew York Supreme Court · 1803
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Personeni v. AquinoNew York Court of Appeals · 1959
- Solow Management Corp. v. TangerNew York Court of Appeals · 2008
- Executive House Realty v. HagenNew York Supreme Court · 1981
- Cabrera v. HirthAppellate Division of the Supreme Court of the State of New York · 2011
- Seymour Manufacturing Co. v. TarnopolNew York Supreme Court · 1959
21 more not listed; retrieve them via the Exa API.