Legal Opinion

Beecker v. Simmons

New York Supreme Court

Decided November 15, 1810PublishedCited by 3 opinions

THIS was an action of debt on a judgment. The plaintiff sued Simmons & .Andrews pu theh joint note. Andrews only was arrested, and put in bail to the sheriff; but neglecting to put in special bail, the plaintifi took an assignment of the bail-bond, on which he brought an action, and obtained judgment. The suit on the bail-bond was against Andrews, and one Asa Gunn.

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THIS was an action of debt on a judgment. The plaintiff sued Simmons & .Andrews pu theh joint note. Andrews only was arrested, and put in bail to the sheriff; but neglecting to put in special bail, the plaintifi took an assignment of the bail-bond, on which he brought an action, and obtained judgment. The suit on the bail-bond was against Andrews, and one Asa Gunn. Upon this judgment the plaintiff issued a Ca. sa. in which both defendants, in the bail-bond suit, were taken and committed to custody. After remaining some time in custody, they left the gaol liberties, and returned home. The…

1Opinion of the Court

~ Per Curiam.

Curiam. The plaintiff having elected to proceed upon the bail-bond to a judgment, and having cI~arged the bail to the arrest and his principal in execution, he cannot be permitted, afterwards, to waive these pro~ ceedings by filing common bail in the Original suit, and proceeding to a judgment therein. He is con- clu~ded by his election, and the proceeding under it. The remedies are inconsistent with each other; and he canuot have both~ That would be *120The case comes within the principle of the decision lit .Smith v. Rosencrantz, (6 Johns. Rep. 97.) for the bait to the arrest…

2Cited by3 opinions

  1. Prior v. BodrieMichigan Supreme Court · 1882
  2. Candee v. KelseyOhio Supreme Court · 1836
  3. Valentine v. SmithOhio Supreme Court · 1837

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