Smith v. Jansen
New York Supreme Court
IN error, from the court of common pleas of Ulster county. The declaration in the court below was in debt, for 54 dollars and 33 cents, on a bond dated the 18th September, 1807, given for the gaol liberties granted to Smith, 7 7 0 ° 0 e one of the defendants below, who was committed to „ . gaol on three executions, issued by a justice of the peace, amounting in the whole, with the officer’s fees for poundage, &c. endorsed thereon, to 27 dollars and 16 1-2 cents.
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IN error, from the court of common pleas of Ulster county. The declaration in the court below was in debt, for 54 dollars and 33 cents, on a bond dated the 18th September, 1807, given for the gaol liberties granted to Smith, 7 7 0 ° 0 e one of the defendants below, who was committed to „ . gaol on three executions, issued by a justice of the peace, amounting in the whole, with the officer’s fees for poundage, &c. endorsed thereon, to 27 dollars and 16 1-2 cents. The defendant, after craving oyer, and setting forth the condition of the bond, demurred to the decía7 ration, and the plaintiff…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Í, The first error alleged by the counsel for the plaintiff, is, that the bond was void, as it appears to have been taken for more than double the sum for which Smith was committed. The penalty of the bond is 54 dollars and 83 cents, and the amount of the three justices’ executions against Smith (including poundage, mileage, serving execution and other fees, endorsed on each execution) was 27 dollars and 16 cents. These several items amounted to 93 cents upon each execution, and the question is, xvhether they were part of the sum for which the…
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