Tinkom v. Purdy

Court: New York Supreme Court
Date filed: 1810-02-15
Citations: 5 Johns. 345
Copy Citations
1 Citing Case
Lead Opinion
Per Curiam.

The 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.

Judgment reversed.