Majority
p. 54Commodore P. Mitchell, Appellant, v. Alexander B. Baucus, Respondent. Supreme Court, Third Department, General Term, September 21, 1889.
Headnote
Moidence. Sheriff.—In an action for a false return on an execution against the person, directions given some time before to another sheriff or deputy as to a prior execution on the same judgment are inadmissible.Appeal from a judgment entered upon the verdict of a jury-in favor of the defendant, dismissing the complaint.
L. T. Brackett, for appellant.
John Foley, for respondent.
Evidence of directions given hy the plaintiff to another sheriff, or his deputy, in regard to his enforcement of another execution issued on this judgment, a year or so before the execution in question, was inadmissible. It tended in no way to justify the defendant for any neglect to enforce the execution placed in his hands. Nor did it tend to prove what directions the plaintiff had given to this defendant.
p. 55
The evidence in this case was conflicting, and this improper evidence very probably had influence with the jury.
Judgment reversed, new trial granted, costs to abide event.
Learned, P. J., and Landón, J., concur.