1 Cole. & Cai. Cas. 396 | N.Y. Sup. Ct. | 1804
The only question arising in this case is, whether a sheriff' can, by virtue of a fieri facias, duly delivered to him before the return day, legally levy on, and sell, goods and chattels acquired by the defendant after the return day in the execution? We think he cannot.
*The opinion of the court, therefore, is, that judgment of nonsuit be entered pursuant to the stipulation in the case.
Judgment of nonsuit
His authority expires with the writ. If he levy after the return day by order of the plaintiff, they are both trespassers. Vail v. Lewis & Livingston, 4 Johns. Rep. 450.