Hotchkiss v. M'Vickar
New York Supreme Court
THIS was an action of trover, for a fishing net, tried at the Columbia circuit, in 1814, before Mr. Justice Van Ness. , , . , , On the 6th of July, 1814, and long previous, the net was the «77 ° 1 _ _ property of Garret Claw, against whom a writ of iieri facias i l J ’ o j j issued the 7th of July, 1814, on a-judgment against him, in fa-your of John P. Beeknian.
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THIS was an action of trover, for a fishing net, tried at the Columbia circuit, in 1814, before Mr. Justice Van Ness. , , . , , On the 6th of July, 1814, and long previous, the net was the «77 ° 1 _ _ property of Garret Claw, against whom a writ of iieri facias i l J ’ o j j issued the 7th of July, 1814, on a-judgment against him, in fa-your of John P. Beeknian. On the 6th of July, the day previous to the delivery of the writ to the deputy sheriff, the defendant, without the leave of the plaintiff, took away the net from the place where it had been left by Claw. The execution was tested in…
1Opinion of the CourtSpencer, J.
It is toolaté to- question the construction which has been uniformly given; to the statute of 29 Car. II. ch. 3. s. 16., which enacts, fe that no writ of fi. fa., or other "writ of execution,, shall bind the property of the goods Of the party against whom' such- writ of execution is sued forth, but from the time that such writ shall be delivered to the sheriff,” &c. That cons true tian has been;, that the statute being Wade to protect purchasers, does not alter the. few, as bet-weep the- parties ;- and the common law, prior to the statute," Was, that the fi, fa, had relation to its teste, and…
2Cases cited1 opinion
- Taylor v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1805
3Cited by15 opinions
- Baker v. HullNew York Court of Appeals · 1929
- Camp v. ChamberlainNew York Supreme Court · 1848
- Dillenback v. JeromeNew York Supreme Court · 1827
- Lockwood v. BullNew York Supreme Court · 1823
- Marsh v. LawrenceNew York Supreme Court · 1825
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