¶1Granted the motion, on the ground that the action was brought against the defendant as a public officer, and was not necessarily brought by the plaintiffs as executors; the property being in their possession, they could bring an action of wrong for the taking, or for trespass, in their individual capacity.
2 How. Pr. 133
Burckle v. Luce
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
Motion by defendant for double costs. Defendant was a deputy sheriff, of Oswego county. In January, 1840, he received a fieri facias in favor of Philander Rathbun, against one of the plaintiffs, Christian J. Burckle, and levied upon household furniture in the possession of Burckle. Charlotte Leitz (mother-in-law of Burckle, then living in his house) claimed the property, and brought an action of replevin, which was tried, and verdict rendered for defendant (Luce).
Decided 1846-04-15