New York Court of Appeals

Calvin L. Hathaway, Appellant v. Edwin W. Howell, Respondent

June 5, 187354 N.Y. 97

Summary

The Court of Appeals reversed the judgment, holding that the executions delivered on May 26 were ineffective until the judgments were properly filed on May 28, and that without an actual levy during the life of the execution the sheriff had no right to retain the debtor's property; consequently a new trial was ordered.