Lansing v. of Lansing
New York Supreme Court
. THIS was an action of assumpsit. The defendant pleaded ne unques executrix, &c. on which a verdict was found against her, and a judgment ivas entered thereon for the plaintiff, for 260 dollars and 45 cents, to be levied of the goods and chattels of the testator, if so much remained in the hands of the defendant, to be administered ; if not sufficient, &c. then to be levied of the proper goods and chattels of the defendant. A Ji.
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. THIS was an action of assumpsit. The defendant pleaded ne unques executrix, &c. on which a verdict was found against her, and a judgment ivas entered thereon for the plaintiff, for 260 dollars and 45 cents, to be levied of the goods and chattels of the testator, if so much remained in the hands of the defendant, to be administered ; if not sufficient, &c. then to be levied of the proper goods and chattels of the defendant. A Ji. Ja’. was issued according to the terms of the judgment, on which the sheriff returned in Map last, that he had made 50 dollars and 69 cents, and nulla bona as to…
1Per curiam
It is settled, that where an executor or administrator pleads a false plea, the judgment is de bonis tes-taioris, si non, de bonis propriis, &c. The sheriff has returned, that he has made of the goods, &cc. fifty dollars, and nulla bona as to the residue. This is, undoubtedly, according to the English practice. But our statute (sess. 36. ch. 50. s. 7. 1 JV. R. L. 509.) subjects the lands and tenements, as well as the goods and chattels of the debtor, to execution. We, therefore, grant the motion to amend, on payment of costs, so as to command the sheriff to make the debt of the goods and…
2Cited by3 opinions
- Brett v. MingSupreme Court of Florida · 1847
- Chamberlain v. CraneSuperior Court of New Hampshire · 1827
- Trammell v. TrammellTexas Supreme Court · 1860