12 Wend. 197
Decided June 19, 1834
New York Supreme Court · decided 1834-06-19
An execution was issued in this cause for the sum of #246, 69. On the 28th May last, goods and chattels, the property of the defendant, were sold by the sheriff of N. York to satisfy the execution in this cause, and another previously issued in favor of other plaintiffs. The property sold for sufficient to satisfy the execution first issued, leaving a balance in the hands of the sheriff of #270.
Cited by 1 later decisions — most recently October 1843
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1834-06-19
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¶2The notice is not in the form prescribed by the statute, 1 R. S. 746, § 12, 13, 14, but the plaintiff cannot avail himself of the defect. Had the sheriff disregarded it, it might be questionable whether he would have been liable to the landlord. The statute is merely directory, and does not say that notice in the form prescribed shall be in the nature of a condition precedent.
¶3Motion denied.