Jones v. Huter

Judgment unanimously reversed upon the law and a new trial granted, with thirty dollars costs to appellant to abide the event. The defendant, a city marshal, was not entitled to an indemnity bond from the plaintiff until the claim of the third party had been established, as provided for by sections 696 and 697 *50of the Civil Practice Act. (Curtis v. Patterson, 8 Cow. 65; Williams v. Lowndes, 1 N. Y. Super. Ct. 579; Platt v. Sherry, 7 Wend. 236; Craft v. Brandow, 24 Misc. 306, 307.) The execution delivered to the marshal on December ninth was a lien upon the car under section 679 of the Civil…