3 Johns. 434
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
ON certiorari. The plaintiff below was a constable, and had an execution against the defendant below, issued by a justice of the peace, at the suit of a third person. The constable, without making any demand on the de7 ... fendant, and without his request, paid the money to the plaintiff named in the execution, and then brought his actl°n before a justice against the defendant, to recover the amount so paid, to the use of the defendant.
Good law ✅— No negative treatment on recordhow we know
Decided 1808-08-15
Cited by 8 later decisions — most recently December 1935
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The constable had no right to sleep on the execution, and then pay the money to the plaintiff and bring his action against the defendant, without any previous demand or request. Such a practice is not only against the rules of law, but would tend to. multiply suits, and increase litigation.
¶2Judgment reversed.