Decker v. . Judson
New York Court of Appeals
Appeal from the Supreme Court. The action was on a replevin bond. In April, 1847, Nash and Gardner commenced an action of replevin against Decker, the plaintiff and respondent, and, with the writ, delivered to the sheriff the affidavit and bond required by the Revised Statutes, in which bond the sheriff is named as obligee, and the same was executed by Nash and Gardner as principals, and by Evans and Bennett as them sureties. The bond was a joint and several bond.
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Appeal from the Supreme Court. The action was on a replevin bond. In April, 1847, Nash and Gardner commenced an action of replevin against Decker, the plaintiff and respondent, and, with the writ, delivered to the sheriff the affidavit and bond required by the Revised Statutes, in which bond the sheriff is named as obligee, and the same was executed by Nash and Gardner as principals, and by Evans and Bennett as them sureties. The bond was a joint and several bond. Decker, the defendant in the replevin suit, did not except to the sufficiency of the sureties. The issue in the replevin suit…
1Concurrence
It is objected, by the counsel for the appellant, that this bond, so far as it is the obligation of the appellant, was taken to the sheriff, a public officer, in a case not provided for by law; and that it is for that reason void, under the provisions of the Revised Statutes. (2 R.S., 286, § 59.) It is said that, after the time allowed for excepting to the sureties in a replevin bond, the sheriff's duty in respect to it is at an end, and if any further obligation is taken in his name it is to be considered as taken illegally by color of his office, and is void by force of that section of the…
2Cases cited4 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Hawley v. BatesNew York Supreme Court · 1839
- Tompkins v. CurtisNew York Supreme Court · 1824
- Irwin v. CaryellNew York Supreme Court · 1811