Tinkom v. Purdy
5 Johns. 345 | N.Y. Sup. Ct. | 1810
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.
