Legal Opinion

James v. . Gurley

New York Court of Appeals

Decided September 5, 1871PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth district, affirming a judgment in favor of the plaintiff, entered upon the decision of the comí; on a trial without a jury. The action was brought against the defendant, as sheriff of the county of St. Lawrence, to recover damages for not returning certain executions, and not paying over moneys collected thereon.

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Appeal from judgment of the General Term of the Supreme Court in the fourth district, affirming a judgment in favor of the plaintiff, entered upon the decision of the comí; on a trial without a jury. The action was brought against the defendant, as sheriff of the county of St. Lawrence, to recover damages for not returning certain executions, and not paying over moneys collected thereon. The judge before whom the cause was tried found the following facts: From January 1, 1859, to December 31, 1861, the defendant was sheriff of the county of St. Lawrence, and Joel Houghton was one of his…

1Opinion of the Court

Earl, 0.

After the deputy sheriff Houghton had returned the execution in the case of Robinson & Parsons v. Thomas B. James to the clerk’s office, hy the consent of the attorney for the plaintiffs therein and of the county clerk, he procured the same from the clerk’s office and erased therefrom the return he had made thereon. He then made the levy and sale, and realized the money recovered in this action. He levied upon and sold the property, claiming to act as deputy sheriff.

This execution was not absolutely void in the hands of the deputy. It was still process of the court, and was merely…

2Cases cited2 opinions

  1. Walden v. DavisonNew York Supreme Court · 1836
  2. People v. DunningNew York Supreme Court · 1828

3Cited by5 opinions

  1. Lopez v. . CampbellNew York Court of Appeals · 1900
  2. Douglass v. HaberstroNew York Supreme Court · 1881
  3. Firestone v. AlbinAppellate Division of the Supreme Court of the State of New York · 1997
  4. Goldis v. GatelyMassachusetts Supreme Judicial Court · 1897
  5. Thomas v. BogertNew York Supreme Court · 1884

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