Lawrence v. Graham
New York Supreme Court
The defendant having been surrendered by his bail after verdict, he now applies to be discharged from imprisonment, on the grounds, 1. That the capias having been served by a special deputy, the sheriff could not have been compelled to put in special bail; 2. That after bail was put in, the plaintiff gave notice to the defendant that he had excepted to the bail; and 3. That the plaintiff had declared for a different cause of action from that specified in the ac etiam of the…
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The defendant having been surrendered by his bail after verdict, he now applies to be discharged from imprisonment, on the grounds, 1. That the capias having been served by a special deputy, the sheriff could not have been compelled to put in special bail; 2. That after bail was put in, the plaintiff gave notice to the defendant that he had excepted to the bail; and 3. That the plaintiff had declared for a different cause of action from that specified in the ac etiam of the writ. In answer to which it was shown that although notice of exception was given, no exception had in fact been entered…
1Opinion of the Court
*478 By the Court,
Savage, Ch. J.
It has been decided in Demoranda v. Dunkin, 4 T. R. 719, that the plaintiff could not rule the sheriff to return a ca. sa. which had been executed by a special bailiff, appointed at the request of the plaintiff’s agents, and who had suffered an escape. Buller, justice, said that it had been repeatedly held that if a special bailiff be appointed on the nomination of the plaintiff, the latter must take the consequence of the acts of the former. The court had considered them as the acts of the plaintiff himself, and had refused to call on the sheriff to return the…
2Cited by4 opinions
- Decker v. AndersonNew York Supreme Court · 1862
- People ex rel. Boyden v. Superior CourtNew York Supreme Court · 1839
- Seidman v. FinkelsteinAppellate Terms of the Supreme Court of New York · 1912
- McIntyre v. BorstNew York Court of Common Pleas · 1864