Haberstro v. Bedford
New York Supreme Court
Appeal from a judgment in favor of the plaintiff entered on a verdict in the Superior Court of Buffalo, and from an order denying a motion for a new trial.
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Appeal from a judgment in favor of the plaintiff entered on a verdict in the Superior Court of Buffalo, and from an order denying a motion for a new trial. The case was transferred to this court for review, pursuant to the Code of Civil Procedure (§ 273). The defendants became bail for one Warren, upon his arrest in a civil action, and the plaintiff therein having excepted to such bail, and the defendants having failed to justify the plaintiff, in- the present action as sheriff of Erie county, who made the arrest, was charged as bail. He was sued as such and a recovery was had against him,…
1DissentBarker, J.
The plaintiff, as sheriff, arresteu one Warren by virtue of an order of arrest in a civil action wherein one Douglass was the plaintiff, by which he was commanded to hold him to bail in the sum of $1,200. Warren, immediately upon liis arrest, presented to the sheriff a bail bond, executed by himself and the defendants as his sureties, wherein they jointly and severally agreed “ that Warren should at all times render himself amenable to the process of the court during the pendency of the action and to such as might be issued to enforce the judgment therein.” The sheriff thereupon discharged…
2Cases cited7 opinions
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Decker v. . JudsonNew York Court of Appeals · 1857
- Cook v. . FreudenthalNew York Court of Appeals · 1880
- Barnard v. VieleNew York Supreme Court · 1839
- Douglass v. . HaberstroNew York Court of Appeals · 1880
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