Lawton v. Erwin
New York Supreme Court
Demurrers to declaration and pleas. The declaration is in debt on a constable’s bond. The bond is stated to have been given by Erwin and the other defendants, his sureties, to The People of the Stale of New-York, or mto such of them as might be interested in a condition thereunder written.
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Demurrers to declaration and pleas. The declaration is in debt on a constable’s bond. The bond is stated to have been given by Erwin and the other defendants, his sureties, to The People of the Stale of New-York, or mto such of them as might be interested in a condition thereunder written. It is stated to bear date on the 5th March, 1828, and to be in the penal sum of SI000. The condition, after reciting that Erwin had on the preceding day been elected a constable of Seriba for the ensuingyear,is set forth to be, that if Erwin should pay, or cause to be paid to the persons interested, all…
1Opinion of the Court
By the Court,
Sutherland, J.
The bond in this case is in the form which this court, in Warner and others v. Racey, 20 Johns. R. 74, said was correct, and the condition is substantially that prescribed by the act, 2 R. L. 126, § 1. In The People v. Holmes & Caswell, 2 Wendell, 281,it was again held, that a penal bond to the people of the state ofNew-York, was a substantial compliance with the act, and that any person embraced in the condition might maintain an action on the bond in the name of the people, to recover the amount forwhich the constable had become responsible to him. In Dutton v.…
2Cases cited4 opinions
- Cleveland v. RogersNew York Supreme Court · 1831
- People v. HolmesNew York Supreme Court · 1830
- Dutton v. KelseyNew York Supreme Court · 1829
- People v. Holmes & CaswellNew York Supreme Court · 1829
3Cited by11 opinions
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- Barnes v. HarrisNew York Supreme Court · 1848
- Cox v. RossMississippi Supreme Court · 1879
- Mickey v. StrattonU.S. Circuit Court for the District of Oregon · 1879
- Mayor of New York v. DoodyNew York Court of Common Pleas · 1856
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