Burk v. Campbell
New York Supreme Court
IN ERROR to the court of common pleas of the county of Franklin. This was an action of trespass on the case, brought in the court below, by the plaintiff in error, against the defendant in error, who was sheriff of the county of Franklin, for not executing or returning a writ of fierifacias.
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IN ERROR to the court of common pleas of the county of Franklin. This was an action of trespass on the case, brought in the court below, by the plaintiff in error, against the defendant in error, who was sheriff of the county of Franklin, for not executing or returning a writ of fierifacias. The declaration stated, that in the term of October, 1815, of the court below, the plaintiff obtained a judgment against one Whipple, for 55 dollars and 25 cents; that on the tenth of December, in the same year, he issued a fi.fa. to the defendant, returnable on the 28th of January then next, which was…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. This case comes before the court on a writ of error to the Common Pleas of Franklin county. It was a special action on the case, against the defendant, as sheriff, for neglecting to levy and collect the amount of a certain fieri facias, issued out of the said court of Common Pleas, in favour of the plaintiff, against Nathaniel Whipple, according to the directions and exigency of the writ. The only plea interposed by the defendant was, that he had not been required, by any rule of court, to return the said writ, according to the course and…
2Cited by3 opinions
- Peck v. HurlburtNew York Supreme Court · 1866
- Corning & Horner v. SouthlandNew York Supreme Court · 1842
- Parker v. BradleyThe Superior Court of New York City · 1880