Kelly v. . McCormick
New York Court of Appeals
Appeal from a judgment of the Hew York common pleas. Kelly recovered a judgment, in the Hew York common pleas, in 1850, against one Boylan, and proceedings supplementary to execution were had against him, and in the course of those proceedings, an attachment was issued against him for contempt, which was returnable before one of the judges of the court of common pleas at their chambers in the city hall, at a time specified in the attachment.
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Appeal from a judgment of the Hew York common pleas. Kelly recovered a judgment, in the Hew York common pleas, in 1850, against one Boylan, and proceedings supplementary to execution were had against him, and in the course of those proceedings, an attachment was issued against him for contempt, which was returnable before one of the judges of the court of common pleas at their chambers in the city hall, at a time specified in the attachment. The attachment was indorsed with an order to let the defendant to bail in the sum of $300. The sheriff arrested Boylan on the attachment, atid the…
1Opinion of the CourtSelden, J.
The objection, that the complaint does not show that an execution on the judgment against Boylan was issued, or returned, or that any order for his examination, or for the attachment, was made, is not available to the defendants in an action on the bond. The liability of the principal to arrest, is conceded by the bail, by entering into the bond. If there was any irregularity in the process upon which the arrest was made, it belonged to the principal alone to set it up ; it was in his power to waive it, and the giving of bail to obtain his discharge is evidence that he did so. ■ (Stever v.…
2Cases cited5 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Gregory & Foot v. Levy & SedgwickNew York Supreme Court · 1852
- Parke v. Heath & M'CotterNew York Supreme Court · 1836
- Stever v. SombergerNew York Supreme Court · 1838
- Gregory v. LevyNew York Supreme Court · 1852
3Cited by17 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Bunneman & Martononi v. WagnerOregon Supreme Court · 1888
- People v. RussellNew York Supreme Court · 1901
- Douglas v. . HaberstroNew York Court of Appeals · 1882
- Wilder v. ButterfieldNew York Supreme Court · 1875
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