Adee v. Adee
New York Supreme Court
Appeal by plaintiff from an order made at the Delaware Special Term, denying a motion made on a case and exceptions to set aside a nonsuit and for a new trial. The action was tried at the Delaware Circuit in June, 1875, and at the close of plaintiff’s evidence she was nonsuited.
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Appeal by plaintiff from an order made at the Delaware Special Term, denying a motion made on a case and exceptions to set aside a nonsuit and for a new trial. The action was tried at the Delaware Circuit in June, 1875, and at the close of plaintiff’s evidence she was nonsuited. In May, 1867, the above plaintiff left her husband, Augustus W. Adee, and commenced an action against him for a limited divorce, and on the twenty-first day of the same month her attorneys procured an order of arrest, which was delivered to the sheriff to be executed, and which required him to arrest the said Augustus…
1Opinion of the Court
Boap.dmaN, J.:
The plaintiff was nonsuited upon the ground that the undertaking was void in that it was taken by the sheriff colore officii, in violation of the provisions of the Code, and of the order of arrest under which ho acted. The alleged wrongs consist in accepting a bond with one surety when the Code requires two, and in taking an undertaking in the sum of $2,000 when the order of arrest required bail in the sum of $1,000 only. We feel compelled to differ from the learned judge at Special Term, who held that this bond was taken by the sheriff colore oficii. The evidence shows quite…
2Cases cited4 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Ring v. GibbsNew York Supreme Court · 1841
- Winter v. . KinneyNew York Court of Appeals · 1848
- Morton & Canda v. CampbellNew York Supreme Court · 1862