Lewis v. Palmer
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Allegany circuit in October, 1829, before the Hon. Addison Gardner, one of the circuit judges. Various articles of the plaintiff’s property were sold by Benjamin, a constable of Allegany county, by virtue of an execution in favor of Palmer, issued by Wadsworth, a justice of the peace, on a judgment rendered by him in favor of Palmer against the now plaintiff and another person.
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This was an action of trespass de bonis asportatis, tried at the Allegany circuit in October, 1829, before the Hon. Addison Gardner, one of the circuit judges. Various articles of the plaintiff’s property were sold by Benjamin, a constable of Allegany county, by virtue of an execution in favor of Palmer, issued by Wadsworth, a justice of the peace, on a judgment rendered by him in favor of Palmer against the now plaintiff and another person. A previous execution had been issued on the same judgment, which was endorsed satisfied by the plaintiff. Palmer obtained the second execution from the…
1Opinion of the Court
By the Court,
Savage, C. J.
In my opinion the judge' did not err in refusing to direct the acquittal of the defendant Wadsworth, for the purpose of having him sworn as a witness. The error, if any, was in charging the jury that enough had not been shewn to render him liable.. When the first execution was paid, the judgment was satisfied, and the justice had no more jurisdiction to issue a new execution than if no judgment had ever been entered. 5 Wendell, 240. He was probably deceived by the false representation of Palmer, but that does not excuse him from liability to the injured party. (The…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- McGuinty v. HerrickNew York Supreme Court · 1830
3Cited by11 opinions
- Splahn v. GillespieIndiana Supreme Court · 1874
- Imbert v. HallockNew York Court of Common Pleas · 1862
- Bergin v. HaywardMassachusetts Supreme Judicial Court · 1869
- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1838
- Shadbolt v. BronsonMichigan Supreme Court · 1848
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