Fellows v. Gilman
New York Supreme Court
Demurrer to replications. The plaintiff declared in covenant on an instrument in writing in the following words: “ Know all men by these presents, that whereas Stephen Symonds has this day been elected constable of the village of Rochester for the year ensuing; now therefore, we the said Stephen Symonds constable, Nathan Lyman, Harvey Gil-man and Samuel Smith, do jointly and severally agree to pay to each and every person such sym or sums of money as the said constable shall…
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Demurrer to replications. The plaintiff declared in covenant on an instrument in writing in the following words: “ Know all men by these presents, that whereas Stephen Symonds has this day been elected constable of the village of Rochester for the year ensuing; now therefore, we the said Stephen Symonds constable, Nathan Lyman, Harvey Gil-man and Samuel Smith, do jointly and severally agree to pay to each and every person such sym or sums of money as the said constable shall become liable for on account of any execution which shall be delivered to such constable for collection. Witness our…
1Opinion of the Court
By the Court,
Sutherland, J.
The fifteenth section of the act to incorporate the village of Rochester, (Laws of 1826, p. 121,) contains all the legal provisions upon the subject of the security to be given by a constable; and -it merely directs that the treasurer, collector and constables shall, before they enter upon the duties of their offices, “ give such security for the faithful performance of the trust reposed in *417as the major part of the trustees (of the milage) for the time being shall deem sufficient.” Neither the form nor the amount of the security is prescribed, nor is any particular…
2Cited by12 opinions
- Carnegie, Phipps & Co. v. HulbertCourt of Appeals for the Eighth Circuit · 1895
- State v. WoodSupreme Court of Arkansas · 1888
- Robbins v. AyresSupreme Court of Missouri · 1847
- Johnson v. McClungWest Virginia Supreme Court · 1885
- Commissioners of Jefferson County v. LinebergerMontana Supreme Court · 1878
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