Civil Procedure Reports; Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...sheriff, to look to it that he arrested Michael A. Gearon, and no one else, under that writ. He was under no obligation to obey the orders of the attorneys for the plaintiff in that action as to that writ, but only the orders of the court; and if he arrested a wrong man, he was responsible, and the fact that the attorneys for the plaintiff in that action had told him to arrest a man other than Michael A. Gearon, would be no justification. In my opinion, the case is one precisely similar to that described in the latter part of the opinion of this court in Guilleaume v. Rowe (supra). Here, the attorneys of the Savings Bank, after having issued the writ, undertook to give special directions to the sheriff for its enforcement, in a manner not warranted by the language of the writ, and to enforce it in such a manner that the sheriff would have been justified in declining to take the responsibility in the absence of indemnity; and here, as in the case supposed in the opinion in Guilleaume v. Rowe, the client (the Savings Bank), could be held only upon proof of special authority to their attorneys, express or implied, or of subsequent ratification. There is, in the case at bar, no evidence whatever of such special authority or ratification. An analogy exists between cases of unlawful seizures of goods under process, and unlawful arrests of the person. In.Welsh v. Cochran (63 N. Y. 182), the plaintiff sued for an alleged unlawful seizure and conversion of his property. It was seized under a warrant issued in bankruptcy proceedings, and directing Gearon v. Bank for Savings. the taking of goods belonging to persons other than the plaintiff. The defendants were the petitioning creditors, and the warrant was issued at their instance, and the marshal acted...