Legal Opinion

Buttling v. Hatton

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 5 opinions

Appeal by the defendants, Loftus B. Hatton and others, from a judgment of the Supreme -Court in-favor pf -the plaintiff, entered in. the office of the clerk of the county of Kings on the 2d day of February, 1897, upon a summary application to the court, and also from an order entered in said clerk’s office on the 1st day of February, 1897, denying the defendants’ motion to stay proceedings on such judgment.

1Opinion of the Court

Cullen, J.:

The defendant Loftus D. Hatton was held by the plaintiff under an execution issued against the person. To obtain his admission to the liberties of the jail he, with the other defendants, executed the undertaking prescribed by law. Afterwards, the plaintiff, in execution, sued the present plaintiff for an escape by said Hatton. The sheriff thereupon gave notice of such action to the principal and sureties on said undertaking. The execution plaintiff recovered a judgment against the sheriff for the sum of $520.85. The sheriff then brought this action against the parties to the…

2Cases cited3 opinions

  1. Moran v. . Long Island CityNew York Court of Appeals · 1886
  2. Wemple v. GlavinNew York Supreme Court · 1879
  3. Huntington v. WilliamsSupreme Court of Connecticut · 1820

3Cited by5 opinions

  1. Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898
  2. Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898
  3. Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898
  4. Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898
  5. Tinker v. City Trust, Safe Deposit & Surety Co.New York Supreme Court · 1899

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