Mason & Hale v. Denison & Denison
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. In October term, 3828, O. & L. Denison commenced a suit in the supreme court against Mason & Hale, in which Mason was returned by the sheriff upon the capias ad respondendum as taken, and Hale as not found. The plaintiffs declared against loth defendants under the statute authorizing a proceeding in the suit upon such a return of the sheriff in the case of joint debtors.
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Error from the supreme court. In October term, 3828, O. & L. Denison commenced a suit in the supreme court against Mason & Hale, in which Mason was returned by the sheriff upon the capias ad respondendum as taken, and Hale as not found. The plaintiffs declared against loth defendants under the statute authorizing a proceeding in the suit upon such a return of the sheriff in the case of joint debtors. The declaration was for goods sold and delivered, and contained the common money counts and an insimul computassent. Mason gave a cognovit for $515.64, upon which judgment was entered against…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
The original judgment in the supreme court against the plaintiffs in error, was a judgment rendered against both as joint debtors under the statute ; the capias as to Hale having been returned by the sheriff not found. Upon a writ of error cor am vobis, in the supreme court, it was assigned as error in fact in the original judgment, that Hale, the defendant who was not arrested, was an infant, and that he ought to have been admitted to appear and defend the suit by guardian; and the question now to be determined is, whether a neglect to…
2Cited by12 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
- Slocum v. Hooker & CatlinNew York Supreme Court · 1852
- Tay, Brooks & Backus v. HawleyCalifornia Supreme Court · 1870
- In re the Estate of DonnellyNew York Surrogate's Court · 1939
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