Hayden v. Palmer
New York Supreme Court
Demurrer to pleas. The plaintiffs declared on a bond for the liberties executed by the defendants on the arrest of one MU Savage by the sheriff of the county of Oneida by virtue of a ca. sa. at the suit of the plaintiffs for the costs incurred by them in defending against a mandamus sued out by Savage. The plaintiffs averred that the mandamus was sued out in relation to proceedings had by them as judges of the Oneida C. P. in an action of trover in which Savage was a party.
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Demurrer to pleas. The plaintiffs declared on a bond for the liberties executed by the defendants on the arrest of one MU Savage by the sheriff of the county of Oneida by virtue of a ca. sa. at the suit of the plaintiffs for the costs incurred by them in defending against a mandamus sued out by Savage. The plaintiffs averred that the mandamus was sued out in relation to proceedings had by them as judges of the Oneida C. P. in an action of trover in which Savage was a party. The bond was dated 24th March, 1838, and the plaintiffs alleged an escape of Savage on 6th December, 1838. The defendant…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is objected that the sixth plea is defective in not setting forth the substance of the petition and inventory; that the averment of conformity with the act presents a mixed question of law and fact, and is therefore bad. The case of Service v. Heermance, 1 Johns. R. 91, and several others that might be referred to, shew that it is not necessary, or even proper, to state the facts giving jurisdiction to the officer with any greater particularity. It would lead to useless and tedious prolixity, and the particular facfe are therefore dispensed with.
Although the 11th…
2Cases cited1 opinion
- Luther v. DeyoNew York Supreme Court · 1839