Legal Opinion

Vail v. Lewis

New York Supreme Court

Decided August 15, 1809PublishedCited by 16 opinions

THIS was an action of trespass on the case. The 1 declaration contained three counts. The first count stated, that the plaintiff was indebted to Letvis, in the r ' ... sum oí 789 dollars and 58 cents, on a certain judgment obtained by Lewis against the plaintiff, in the supreme courti on the 16th May, 1808 ; that he, by Livingston, O'*16 other defendant,) as his attorney, on the 5th August, 1808> sued out a fieri facias, on the said judgment, direeled to the sheriff of…

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THIS was an action of trespass on the case. The 1 declaration contained three counts. The first count stated, that the plaintiff was indebted to Letvis, in the r ' ... sum oí 789 dollars and 58 cents, on a certain judgment obtained by Lewis against the plaintiff, in the supreme courti on the 16th May, 1808 ; that he, by Livingston, O'*16 other defendant,) as his attorney, on the 5th August, 1808> sued out a fieri facias, on the said judgment, direeled to the sheriff of New-Tork, against the goods and chattels, lands and tenements, of the present plaintiff, returnable on the .second Monday of…

1Opinion of the CourtVan Ness, J.

Whether the defendants are liable at all for the injury of which the plaintiff complains, will depend upon a more perfect disclosure of facts hereafter. We are satisfied *456that upon the case as stated in this declaration, they are not liable, in this form of action.

If the levy and sale by the sheriff of West-Chester were made after the execution in his hands was returnable, he acted without authority; for after the return day of a fi. fa. the power of the sheriff under it is gone ; and the plaintiff is put to a new execution, if he wishes to pursue the defendant’s property. (Devoe v. Elliot, 2…

2Cases cited1 opinion

  1. Devoe v. ElliotNew York Supreme Court · 1804

3Cited by16 opinions

  1. Lester v. . JewettNew York Court of Appeals · 1854
  2. Gleason v. M'VickarNew York Supreme Court · 1827
  3. Dean v. Heirs of DeanSupreme Court of Vermont · 1855
  4. Shultz v. SmithSupreme Court of Kansas · 1876
  5. Andress v. BroughtonSupreme Court of Alabama · 1852

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