Burrall v. Acker
Court for the Trial of Impeachments and Correction of Errors
Error Jrom the supreme court. Acker sued Burrall in the court below, and declared upon a covenant executed by the defendant, whereby, after reciting that the plaintiff, as sheriff of the city and county of New-York, had levied upon $8511,56 in bank bills, $800 in treasury notes, and $150 in gold, by virtue of an execution in favor of John T. Smith, against Horace Janes, and had on request left and permitted the same to remain in the possession of the now defendant Burrall;…
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Error Jrom the supreme court. Acker sued Burrall in the court below, and declared upon a covenant executed by the defendant, whereby, after reciting that the plaintiff, as sheriff of the city and county of New-York, had levied upon $8511,56 in bank bills, $800 in treasury notes, and $150 in gold, by virtue of an execution in favor of John T. Smith, against Horace Janes, and had on request left and permitted the same to remain in the possession of the now defendant Burrall; the defendant, in consideration of the premises and of one dollar to him in hand paid, covenanted and agreed with the…
1Opinion of the Court
By the Chancellor.
The questions which arise in this case are, first, whether the declaration is good in substance ? and if it is, then secondly whether either of the pleas forms a complete defence to the whole action, upon the agreement to return the property to the sheriff so that the interest of Janes therein might be sold on the execution against him ?
The first point, as to the goodness of the declaration necessarily involves the question whether a sheriff who levies upon property which he claims to belong to the defendant in the execution, is legally authorized to leave it in the…
2Cited by31 opinions
- Lowe v. the City of GuthrieSupreme Court of Oklahoma · 1896
- Decker v. . JudsonNew York Court of Appeals · 1857
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Malone v. HowellSupreme Court of Florida · 1939
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
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