Waters v. People

1 Cole. & Cai. Cas. 82, 1 Cole. Cas. 77, 1 Johns. Cas. 137
CourtNew York Supreme Court
DecidedJuly 15, 1799
StatusPublished
Cited by2 cases

This text of 1 Cole. & Cai. Cas. 82 (Waters v. People) 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
Waters v. People, 1 Cole. & Cai. Cas. 82, 1 Cole. Cas. 77, 1 Johns. Cas. 137 (N.Y. Super. Ct. 1799).

Opinion

Per Curiam.

A sheriff is not to be considered as in contempt for not acting on an execution which never came to his personal knowledge, or was not lodged in his office. But in this case it appears the fi. fa. was delivered to a deputy, and we need not say whether such delivery be good, so as to charge the sheriff himself, because here the sheriff afterwards affirmed the receipt by interfering and acting. He did not return it within forty days, and his answers are not satisfactory.

The court adjudge him to pay a fine of twenty dollars for the contempt, and also the costs of the rule and attachment, and to stand committed till the fine and costs be paid.

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Related

Nutzenholster v. State ex rel. Sumner
37 Ind. 457 (Indiana Supreme Court, 1871)
State ex rel. Putney v. Hicks
2 Blackf. 336 (Indiana Supreme Court, 1830)

Cite This Page — Counsel Stack

Bluebook (online)
1 Cole. & Cai. Cas. 82, 1 Cole. Cas. 77, 1 Johns. Cas. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-people-nysupct-1799.