1 Wend. 551 | N.Y. Sup. Ct. | 1828
By the Court,
The case of Wickham v. Miller, (12 Johns. R. 320,) decides that a justice may renew an execution, without a return of nulla bona having been actually endorsed upon it; the fact may be made to appear to the justice in some other way ; and the endorsement of a renewal is conclusive evidence against the constable, of such representation having been made.
The execution in this case, however, was twice renewed. The first renewal was between three and four months after its delivery to the constable, and the second renewal was more than three months after the first. These renewals were both with the consent of the plaintiff; and the question is, wheth
It was not necessary that the constable should have the execution in his pocket at the time of the arrest of the defend» ant. He had it under his control.
New trial denied.