Blanchard v. Myers
New York Supreme Court
IN error from the court of common pleas of Greene county. ' Blanchard brought an action of trespass on the case against Myers, in the court below.
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IN error from the court of common pleas of Greene county. ' Blanchard brought an action of trespass on the case against Myers, in the court below. The declaration stated, that the plaintiff, being one of the constables of the town of Cairo, in the county of Greene, received from a justice of the peace, an execution against Tobias Myers, the 30th of January, 1811, by ’ j c e which he was commanded to levy the amount of the goods, &c. 01 Tobias Myers, and that he accordingly by virtue of the execution, seized certain goods of T. Myers, on the same day; and that after the seizure, the defendant,…
1Per curiam
A certiorari allowed after execution begun to be executed by the constable, is no supersedeas to the execution. The same rule applies to cases arising under justices' judgments and executions, which exists as to other courts, when a regular writ of error is allowed; and it is well settled that the allowance of a writ of error, after the sheriff has levied under a fi. f'a. is no supersedeas to it. (Meriton v. Stevens, Willes's Rep. 271.) Here the levy was made before the allowance of the certiorari, and the issuing the execution within the thirty days, and the constable taking security that…
2Cited by9 opinions
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- Rathbone v. MorrisNew York Supreme Court · 1859
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