Hauger v. Bernstein
New York Court of Common Pleas
Appeal by the defendant from a judgment in favor of plaintiff, entered upon an order of the general term of the Marine Court of the city of New York, overruling a demurrer to the complaint, and reversing a judgment entered upon án order of the special term of that court, sustaining the demurrer. : The action was brought by Hauger and another against Bernstein, one of the sureties of one Feeny, a marshal of the city of New York, upon his official bond to the mayor, etc., of…
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Appeal by the defendant from a judgment in favor of plaintiff, entered upon an order of the general term of the Marine Court of the city of New York, overruling a demurrer to the complaint, and reversing a judgment entered upon án order of the special term of that court, sustaining the demurrer. : The action was brought by Hauger and another against Bernstein, one of the sureties of one Feeny, a marshal of the city of New York, upon his official bond to the mayor, etc., of the city, alleging as a breach, the seizure by said marshal of plaintiff’s property under an attachment against one…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The judgment of the general term of the Marine Court should be affirmed.
The act of 1872 (L. 1872, c. 629, § 11, p. 1495), giving the Marine Court jurisdiction? of “ an action on the official bond of a marshal, upon leave being first granted by a justice of the said court, at the chambers thereof,” does not repeal the previous provision in the act of 1862 (L. 1862, c. 484, §§ 7, 8, pp. 971, 972, 974), giving a judge of this court power to order that the official bond of a marshal may be prosecuted in the name of any party aggrieved, in the Marine Court. The two…
2Cases cited4 opinions
- Champlin v. LaytinNew York Supreme Court · 1837
- Mayor of New York v. DoodyNew York Court of Common Pleas · 1856
- Hoogland v. HudsonNew York Supreme Court · 1853
- Davis v. HaffnerNew York Court of Common Pleas · 1855
3Cited by1 opinion
- Fohs v. RainNew York Supreme Court · 1902