Rushbrook v. Mead

In July, 1910, one Max Weisberg brought an action before a justice of the peace in the town of Aurora, Erie county, against George Rushbrook, the plaintiff herein, to recover possession of certain chattels. In that action the defendant herein, who is a constable in said town, replevied the property involved in said action. The defendant therein, this plaintiff, did not except to the sureties two days before the return day of the summons .(Code Civ. Pro., § 2924),' nor did he before the return day of the summons serve on the justice an undertaking and notice that he required the return of the…