In re Brasier
New York Court of Common Pleas
Appeal from an order of this court granting leave to prosecute the official bond of a marshal of the City of New York. The facts are stated in the opinion.
1Opinion of the CourtAllen, J.
We are of the opinion that the order of the *246Special Term granting to the petitioner leave to prosecute the official bond, of Cornelius Farley, one of the marshals of the city of New York, ought to be reversed, for the reason that the court below was without jurisdiction to enter the judgment for appellate costs, which forms the basis of the application for the order, and that the judgment, being unauthorized by law, is a nullity. We have no doubt that the sureties on the bond would be liable for all costs that accrued in the action, which resulted from the official misconduct of the marshal,…
2Cases cited2 opinions
- Brown v. . LeighNew York Court of Appeals · 1872
- Wilkin v. . RapleeNew York Court of Appeals · 1873
3Cited by2 opinions
- Barry v. WinkleAppellate Terms of the Supreme Court of New York · 1901
- Szerlip v. BaierAppellate Terms of the Supreme Court of New York · 1897