Crane v. French
New York Supreme Court
Motion to direct the sheriff as to the appropriation of monies levied by execution. French and Wilkins being indebted to Wakeman, French, on the 7th day of March, 1828, indorsed his appearance on a capias made out against him and Wilkins, in favor of Wakeman, returnable on the first J day of March, and executed a warrant of attorney under seal, authorizing an attorney of this court to appear for him, file common bail, and confess judgment for 56. The , „ . " sheriff of…
Read the full summary
Motion to direct the sheriff as to the appropriation of monies levied by execution. French and Wilkins being indebted to Wakeman, French, on the 7th day of March, 1828, indorsed his appearance on a capias made out against him and Wilkins, in favor of Wakeman, returnable on the first J day of March, and executed a warrant of attorney under seal, authorizing an attorney of this court to appear for him, file common bail, and confess judgment for 56. The , „ . " sheriff of Saratoga indorsed a return of non est inventus upon the capias as to Wilkins. The plaintiff declared against French as in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The correctness of the decision of the last term, is manifest from the facts of the case. The ceremony of issuing a writ after the return day, and procuring French’s admission of service and promise to appear, and then the sheriff’s return, was perfectly inoperative and void as to Wilkins. By the 13th section of the act for the amendment of the law, (1 R. L. 521,) process may be issued against joint debtors, and if any one be taken and brought into court, he shall answer, &c. judgment shall be entered against all, and be effectual against their joint property: but…
2Cases cited1 opinion
- Green v. BealsNew York Supreme Court · 1804
3Cited by33 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Hopper v. LucasIndiana Supreme Court · 1882
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- Scrugham v. CarterNew York Supreme Court · 1834
- Scanlon v. KuehnAppellate Division of the Supreme Court of the State of New York · 1929
28 more not listed; retrieve them via the Exa API.