Jones v. Porter
New York Supreme Court
In this case a judgment was recovered on 12th January 1852, for $514-88. On the same day an execution was issued to the sheriff of Albany county. On the 13th of January, at a few minutes before ten A. M., the sheriff endorsed his certificate of nulla bona, and delivered the execution to a clerk in the office of the plaintiffs’ attorney, for the purpose of having it filed in the clerk’s office.
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In this case a judgment was recovered on 12th January 1852, for $514-88. On the same day an execution was issued to the sheriff of Albany county. On the 13th of January, at a few minutes before ten A. M., the sheriff endorsed his certificate of nulla bona, and delivered the execution to a clerk in the office of the plaintiffs’ attorney, for the purpose of having it filed in the clerk’s office. Through inadvertence the person to whom the sheriff delivered the execution, neglected to take it immediately to the clerk’s office, and it was not filed in the clerk’s office until four o’clock P. M.…
1Opinion of the Court
Parker, Justice.
The affidavit was sufficient upon its face to give the officer jurisdiction of the proceeding at the time he issued the order. But though the return of nulla bona had been duly endorsed by the sheriff, and he had sent it on its way to the clerk’s office before the affidavit was made, it did not in fact reach the clerk’s office, and was not filed, till two hours after the making of the affidavit and the issuing of the order. It was, however, duly filed on the same day the proceedings were commenced, and before the objection was taken before the officer.
It was undoubtedly…
2Cases cited1 opinion
- Bank of Rochester v. EmersonNew York Court of Chancery · 1843
3Cited by3 opinions
- Mitchell v. SchoonoverOregon Supreme Court · 1888
- Finneran v. GrahamMassachusetts Supreme Judicial Court · 1908
- Ganz v. Edison Electric Illuminating Co.New York Supreme Court · 1894