5 Johns. 345
Decided February 15, 1810
New York Supreme Court · decided 1810-02-15
IN error, on certiorari from a justice’s court. 7 J Tinkom was sued in the court below, for a trespass. It 1 e appeared that he was a constable, and had an execution against the defendants, on which he took certain blacksmith’s tools, which were advertised for sale, at auction, at a particular time and place ; on the day of sale, and after two bids were made, one of the bidders, who had bid 12 dollars, refused to bid more, until he saw the tools.
Good law ✅— No negative treatment on recordhow we know
Decided 1810-02-15
Cited by 4 later decisions — most recently May 1894
3 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 adjournment of the sale to a different place, was a matter of discretion with the constable ; and the question must always be, whether this discretion has been abused. These is no charge of fraud or abuse in the present case ; and the constable could not, therefore, be liable as a trespasser. The judgment below must be reversed.
¶2Judgment reversed.