Bullymore v. . Cooper
New York Court of Appeals
Appeal from order of the late General Term of the eighth judicial district, reversing judgment entered in Cattaraugus county upon decision of the court and awarding a new trial. (Reported below in 2 Lansing, 71.) This is an action brought against defendant as sheriff of Cattaraugus county for an escape. On the 11th November, 1868, plaintiff perfected judgment in the Supreme Court against Abner N. Flint and Norman Bullock.
Read the full summary
Appeal from order of the late General Term of the eighth judicial district, reversing judgment entered in Cattaraugus county upon decision of the court and awarding a new trial. (Reported below in 2 Lansing, 71.) This is an action brought against defendant as sheriff of Cattaraugus county for an escape. On the 11th November, 1868, plaintiff perfected judgment in the Supreme Court against Abner N. Flint and Norman Bullock. On the 30th December, 1868, an execution against the persons was issued upon said judgment to the defendant, as sheriff' who arrested said Flint and Bullock and committed…
1Opinion of the CourtFolger, J.
The County Court had jurisdiction of the general subject-matter, in which these orders of discharge were issued, and they were in substance and effect such as it was authorized to make. (Hart v. Dubois, 20 Wend., 236; 2 R. S., 31, § 1, et seq.; laws of 1847, chap. 280, p. 369, § 29, judiciary act.)
The sheriff, the defendant in this case, could defend himself by virtue of these orders, if he could show further, that the County Court had jurisdiction of the parties to the controversy, upon whom the orders were to operate; or if the orders on their face, are such as the court could make for his…
2Cases cited3 opinions
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hart v. DuboisNew York Supreme Court · 1838
- People Ex Rel. Harlow v. BanckerNew York Court of Appeals · 1851
3Cited by25 opinions
- Nuernberger v. State of NYNew York Court of Appeals · 1976
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- Develin v. . CooperNew York Court of Appeals · 1881
- Anderson v. DeweySupreme Court of Connecticut · 1917
- Kibbe v. ScholesSupreme Court of Alabama · 1929
20 more not listed; retrieve them via the Exa API.