Daniels v. . Patterson
New York Court of Appeals
Appeal from the supreme court. The case was this: In 1839, Mann, one of the defendants, brought a replevin suit against the plaintiff Daniels, The bond on commencing the suit was executed by himself and by the defendants Stickney and Patterson as his sureties. In October, 1845, Daniels recovered judgment in the replevin suit, and in 1847, brought this action on the bond in the common pleas of Niagara county, by the filing and service of declaration.
Read the full summary
Appeal from the supreme court. The case was this: In 1839, Mann, one of the defendants, brought a replevin suit against the plaintiff Daniels, The bond on commencing the suit was executed by himself and by the defendants Stickney and Patterson as his sureties. In October, 1845, Daniels recovered judgment in the replevin suit, and in 1847, brought this action on the bond in the common pleas of Niagara county, by the filing and service of declaration. The defendant Mann resided out of the state and was not served. The sureties, Stickney and Patterson, appeared and pleaded; and on the trial they…
1Opinion of the CourtBronson, J.
The motion for a nonsuit was properly over ruled. Where Mann resided, and how the suit was, or should have been commenced, were matters which did not belong to the issue to be tried by the jury. If the suit was not regularly commenced, the remedy was by motion, or plea in abatement.
But I see no reason to doubt that the proceedings were regular, although the suit was commenced in the common pleas by filing a declaration and serving it on Stickney and Patterson, without serving it on Mann, who was not a resident of the county, and did not appear. The act of 1844 provides, that actions in the…
2Cited by13 opinions
- People v. WilliamsNew York Court of Appeals · 1959
- Phyfe v. . EimerNew York Court of Appeals · 1871
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Stuart v. CarterWest Virginia Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.