Griffin v. Sutherland
New York Supreme Court
Appeal from the Columbia county court. Griffin sued Sutherland before a justice of the peace, for the alledged wrongful taking of personal property. The defendant, who was a deputy of the sheriff of the county of Columbia, justified the taking and sale of the property under and by virtue of an execution against the plaintiff’s property, issued out of the county court. The cause was tried before the justice and a jury.
Read the full summary
Appeal from the Columbia county court. Griffin sued Sutherland before a justice of the peace, for the alledged wrongful taking of personal property. The defendant, who was a deputy of the sheriff of the county of Columbia, justified the taking and sale of the property under and by virtue of an execution against the plaintiff’s property, issued out of the county court. The cause was tried before the justice and a jury. The jury found a verdict for the plaintiff for §47,83, and the justice rendered a judgment for that amount, with costs. The county court, on appeal, affirmed the judgment, and…
1Opinion of the CourtParker, J.
The question to be determined in this ease is, whether the property sold by the defendant was exempt by law from execution.
The wife of the plaintiff was not living, but he had two children, for whom he provided. He had been keeping house until in the spring or early in the summer, when he ceased housekeeping, stored his furniture and went into the western part of the state, on a visit to some of his relations, taking with him the children. There was evidence tending to show that he had not finally abandoned housekeeping, but that he intended to return and resume housekeeping, and that he did…
2Cases cited4 opinions
- Woodward v. MurrayNew York Supreme Court · 1820
- Bowne v. WittNew York Supreme Court · 1838
- Van Sickler v. JacobsNew York Supreme Court · 1817
- Bennett v. AppletonNew York Supreme Court · 1841
3Cited by12 opinions
- Bunker v. PaquetteMichigan Supreme Court · 1877
- In re the Estate of BarnesNew York Surrogate's Court · 1933
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Bunnell v. HayIndiana Supreme Court · 1881
- Smith v. SladeNew York Supreme Court · 1870
7 more not listed; retrieve them via the Exa API.