Stone v. Miller
New York Supreme Court
THIS was an action brought by the plaintiff against the defendants, for the taking and conversion of certain personal property which the plaintiff had levied upon as constable, upon executions issued by a justice of the peace, against the goods and chattels of one Garret Van Koughnet. On the trial, at the circuit, the plaintiff was nonsuited; and upon a case and exceptions he now moved for a new trial. The facts are stated in the opinion of the court.
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THIS was an action brought by the plaintiff against the defendants, for the taking and conversion of certain personal property which the plaintiff had levied upon as constable, upon executions issued by a justice of the peace, against the goods and chattels of one Garret Van Koughnet. On the trial, at the circuit, the plaintiff was nonsuited; and upon a case and exceptions he now moved for a new trial. The facts are stated in the opinion of the court. I. The plaintiff had such a special property in the goods, by virtue of his levy under the attachment, as entitled him to maintain the action…
1Opinion of the Court
By the Court,
Mullin, J.
The plaintiff proved, on the trial, that he was a constable of the county of Lewis, in November and December, 1860. In November of that year one Biggs applied to a justice of the peace of said county for an attachment, under section 34 of the act to abolish imprisonment for debt, against one Garret Van Koughnet, on a demand arising upon contract. The ground of the application was that Van Koughnet was a non-resident of the county of Lewds. A bond ivas given as required by the act; an attachment was issued and delivered to the plaintiff, who subsequently made return…
2Cases cited9 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Cleveland v. RogersNew York Supreme Court · 1831
- Hoose v. SherrillNew York Supreme Court · 1836
- Willard v. SperryNew York Supreme Court · 1819
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3Cited by3 opinions
- People ex rel. v. FitzpatrickNew York Supreme Court · 1901
- Gilbert v. GilbertMissouri Court of Appeals · 1888
- Peoples Bank v. WestMississippi Supreme Court · 1890