Root v. . Wagner
New York Court of Appeals
Appeal from a judgment of the' Supreme Oourt, entered upon the report of a referee. The action was prosecuted to recover from the defendant, as sheriff of Yates county, the balance due upon a ' judgment owned by the plaintiff, upon, which execution had been issued and delivered to the defendant as sheriff.
Read the full summary
Appeal from a judgment of the' Supreme Oourt, entered upon the report of a referee. The action was prosecuted to recover from the defendant, as sheriff of Yates county, the balance due upon a ' judgment owned by the plaintiff, upon, which execution had been issued and delivered to the defendant as sheriff. The facts found by the referee, before whom the cause was tried, are as follows: That a judgment was obtained in the supreme court in favor of the Bank of Genesee, against Alva Clarke, Joseph Ketchum, Theodore F. Sharpe and Eel-son Thompson, defendants, for the sum of $924.23, and that the…
1Opinion of the CourtDavies, J.
The sheriff has refused to obey the directions of the plaintiff, in reference to the execution in his hands, and has defended this action upon the theory that he was under no obligations to conform his action to such directions. In this he is clearly in error. The party in whose favor process issues, may give such instructions to the sheriff as will not only excuse him from his general duty, but bind him. Both the process and the law which convey authority under it, are for the benefit of the party in whose behalf it is issued, and it is a general rule that a man may dispense with an entire…
2Cases cited1 opinion
- Walters & Farley v. Sykes & HarmanNew York Supreme Court · 1840
3Cited by12 opinions
- N. B. I. Corp. v. Keller, New York County Courts1940
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900
- McNeal v. Hayes Machine Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Riffel v. TurnerSupreme Court of Kansas · 1939
- Starry v. JohnsonIndiana Supreme Court · 1869
7 more not listed; retrieve them via the Exa API.