Legal Opinion

Van Deusen v. Hayward

New York Supreme Court

Decided May 15, 1837PublishedCited by 13 opinions

Error from the Columbia common pleas. This was an action of debt on an appeal bond, executed in 1828, under the justice’s act of 1824. conditioned that if Hayward should prosecute with due diligence an appeal taken by him from a justice’s judgment rendered against him in favor of Van Deusen and Forrest, ir pay the amount of damages recovered against him before the justice, together with the interest thereon and the costs of the [68] appeal, or surrender his body in execution…

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Error from the Columbia common pleas. This was an action of debt on an appeal bond, executed in 1828, under the justice’s act of 1824. conditioned that if Hayward should prosecute with due diligence an appeal taken by him from a justice’s judgment rendered against him in favor of Van Deusen and Forrest, ir pay the amount of damages recovered against him before the justice, together with the interest thereon and the costs of the [68] appeal, or surrender his body in execution if such judgment; and in case he should prosecute such appeal with diligence to a decision in the common pleas, and if…

1Opinion of the Court

By the Court,

Bronson, J.

The breach is well assigned in the second count, and the only question made on the argument is, whether the bond was valid. The appeal was prosecuted under the act of 1824, for the recove y of debts of the value of fifty dollars (Laws of 1824, p. 294, § 36). There was formerly a doubt whether the provision in the statute allowing the appellant to surrender his body in execution, extended to both branches of the condition of the bond given on prosecuting an appeal. That question was settled in Allison v. Wilkins (1 Wendell, 153), in which it was held, that where the…

2Cases cited2 opinions

  1. Allison v. WilkinNew York Supreme Court · 1828
  2. Fondey v. CuylerNew York Supreme Court · 1828

3Cited by13 opinions

  1. Lewis v. StoutWisconsin Supreme Court · 1867
  2. Board of Education v. GrantMichigan Supreme Court · 1895
  3. Seymour v. . JuddNew York Court of Appeals · 1849
  4. Branch v. Littleberry BranchSupreme Court of Florida · 1855
  5. Clark v. MixSupreme Court of Connecticut · 1842

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