Nagle v. James

The Superior Court of New York City

Nagle v. James

7 Abb. Pr. 234

CourtThe Superior Court of New York City

DecidedMay 15, 1858

StatusPublished

Cited by1 cases

This text of 7 Abb. Pr. 234 (Nagle v. James) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nagle v. James, 7 Abb. Pr. 234 (N.Y. Super. Ct. 1858).

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Opinion

Woodruff, J.

—When anexecution is returned by the sheriff, before the period allowed by law within which to execute it, and this appears to have been done by request of the plaintiff, and not by the sheriff, upon his official responsibility for the truth of his return, the plaintiff cannot be said to have exhausted his ordinary remedy by legal process. In such cases the section allowing supplementary proceedings is not, in its proper construction, complied with.

The order is therefore discharged.

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Woodruff, J.

—When anexecution is returned by the sheriff, before the period allowed by law within which to execute it, and this appears to have been done by request of the plaintiff, and not by the sheriff, upon his official responsibility for the truth of his return, the plaintiff cannot be said to have exhausted his ordinary remedy by legal process. In such cases the section allowing supplementary proceedings is not, in its proper construction, complied with.

The order is therefore discharged.

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Bluebook (online)

7 Abb. Pr. 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagle-v-james-nysuperctnyc-1858.

Opinion

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