Morrison v. Penniman

New York Supreme Court

Morrison v. Penniman

10 Wend. 573

DecidedSeptember 15, 1833

StatusPublished

This text of 10 Wend. 573 (Morrison v. Penniman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morrison v. Penniman, 10 Wend. 573 (N.Y. Super. Ct. 1833).

Pincite

Opinion

By the Court,

Sutherland, J.

The writ was not functus officio; although originally directed to the sheriff of another county, it was not delivered to him, and was never available process until put into the hands of the officer who served it. The test in these cases is, has the clerk been defrauded of his fees l This cannot be pretended here. The writ never was used so as to defraud the clerk. The motion is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Sutherland, J.

The writ was not functus officio; although originally directed to the sheriff of another county, it was not delivered to him, and was never available process until put into the hands of the officer who served it. The test in these cases is, has the clerk been defrauded of his fees l This cannot be pretended here. The writ never was used so as to defraud the clerk. The motion is denied.

Cite This Page — Counsel Stack

Bluebook (online)

10 Wend. 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-penniman-nysupct-1833.