Delaney v. . Brett
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of' plaintiff entered upon a verdict.
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Appeal from the judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of' plaintiff entered upon a verdict. (Reported below, 4 Robt., 712.) The action was brought on a bond given to discharge an attachment, issued by a justice of the said court on a lien, claimed by the plaintiff under the act entitled “An act to provide for the collection of demands against ships and vessels,” passed April 24, 1862 (Laws of 1862, chap. 482), for two sails furnished by the plaintiff in September, 1864, to the bark Laura Russ (a sea-going and ocean-bound…
1Opinion of the Court
Lott, Ch. C.
It was claimed, as one of the grounds for the dismissal of the complaint, that the attachment for the discharge of which the bond in question was given was not allowed by an officer authorized by law to perform the duties of a justice of the Supreme Court at chambers.
This is not well founded. The act establishing the Superior Court authorizes the chief justice, and each of the associate justices thereof, to perform all the duties which the justices of the Supreme Court out of term are authorized to do and perform by any statute of this State. (See § 23 of chap. 137 of Laws of…
2Cases cited7 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Brookman v. . HamillNew York Court of Appeals · 1871
- Wilkins v. . EarleNew York Court of Appeals · 1871
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3Cited by21 opinions
- Erie Railroad v. PurdySupreme Court of the United States · 1902
- Chapman v. . GatesNew York Court of Appeals · 1873
- Purdy v. . Erie R.R. Co.New York Court of Appeals · 1900
- Saint v. MartelSupreme Court of Louisiana · 1910
- Clearwater Bank v. KurkonskiNebraska Supreme Court · 1895
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