Shaw v. Butcher & Harris
New York Supreme Court
Error from the Albany mayor’s court. Shaw sued Butcher and Harris in an action on the case and declared against them that they were retained by the plaintiff, together with Bartlett Bent and Peleg B. Savary, to prosecute a suit against Horace Mea'cham and John Meacham; that they accordingly prosecuted such suit, and in May, 1832, recovered a judgment therein for the sum of $105,81 ; that-a fieri facias was issued and returned nulla bona; that on the 12th Becember, 1834, Bent…
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Error from the Albany mayor’s court. Shaw sued Butcher and Harris in an action on the case and declared against them that they were retained by the plaintiff, together with Bartlett Bent and Peleg B. Savary, to prosecute a suit against Horace Mea'cham and John Meacham; that they accordingly prosecuted such suit, and in May, 1832, recovered a judgment therein for the sum of $105,81 ; that-a fieri facias was issued and returned nulla bona; that on the 12th Becember, 1834, Bent and Savary assigned their interest in the judgment to the plaintiff, who on the same day employed Joseph L. Harris, a…
1Opinion of the Court
By the Court,
Cowen, J.
This plea in abatement is on© which relates to the process by which the suit is commenced. It' aims to say that this process does not introduce as plaintiffs all the persons jointly interested ; and therefore it should be quashed and the plaintiff put to begin de novo. A similar plea at Westminster Hall would generally be so drawn as to pray an abatement of the writ or bill; that is to say, the original writ which emanated from chancery, or the bill of the king’s bench, which is not a writ, but is considered as the original. Gould’s PI. 262, § 84. The latter is in…
2Cases cited2 opinions
- Jenkins v. PepoonNew York Supreme Court · 1801
- Haywood's Executors v. ChestneyNew York Supreme Court · 1835
3Cited by6 opinions
- Price v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1862
- Finch v. GaligherIllinois Supreme Court · 1899
- Corning v. RooseveltNew York Supreme Court · 1890
- Harkness v. HarknessNew York Supreme Court · 1843
- Tyler v. CanadayNew York Supreme Court · 1848
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