Townsend v. Phillips
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Phillips brought an action of trespass against Townsend, for taking and 7*S »’ay a quantity of oars, the "property¡s^the plaintiff below.
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IN ERROR, on certiorari, from a justice’s court. Phillips brought an action of trespass against Townsend, for taking and 7*S »’ay a quantity of oars, the "property¡s^the plaintiff below. Townsend, the defendant, who xrattiftibhstable, pleaded that he took the oars in question near the store of William Shaw, by vir* execution against Jofin Inman, and as bis property; that the plaintiff claimed them as his property, and the defendant thereupon called a jury of giquiry to try the claim, and the j7 found the oars to be t*e property of Inman. The facts defendant’s plea were proved; but the…
1Per curiam
The inquisition taken by the constable was not of the plaintiff" below, 1 justification to him, in an action of trespass, for taking the goods It could only go in mitigation of damages. The authorities referred to in the case of Bayley v. Bates, (8 Johns. Rep. 185.) generally support this point, and make a distinction between an action against the sheriff for taking goods not belonging to the defendant in the execution, and an action against him, by the party in the execution, for returning nulla bona, upon the strength of such an inquisition. It may, in many cases, justify him upon a charge…
2Cited by1 opinion
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