Sunderland v. Loder
New York Supreme Court
Demurrer to plea. The plaintiff declared in debt on bond. Loder, who alone was taken on the copias issued in the cause, appeared and craved oyer of the bond and condition, from which it appeared that the bond was executed 2d September, 1838, on which day the plaintiff Sunderland had obtained a judgment in a justice’s court against Lockwood for (§35,04 damages and costs; that the plaintiff was about taking out execution in the same, and to stay such execution the bond was…
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Demurrer to plea. The plaintiff declared in debt on bond. Loder, who alone was taken on the copias issued in the cause, appeared and craved oyer of the bond and condition, from which it appeared that the bond was executed 2d September, 1838, on which day the plaintiff Sunderland had obtained a judgment in a justice’s court against Lockwood for (§35,04 damages and costs; that the plaintiff was about taking out execution in the same, and to stay such execution the bond was executed, according to the provisions of the fifty dollar act, conditioned for the payment of the damages and costs, with…
1Opinion of the Court
By the Court,
Marcy, J.
It is a general rule of law, that the taking the body of the debtor in execution is satisfaction of the debt. In Foster v. Jackson, Hob. 52, it is said “that a copias ad satisfaciendum,, as against the party, is not only an execution, but a full satisfaction by-force and act and judgment of law.” This rule has qualifications and exceptions. Where there are several defendants, the taking of one does not affect the plaintiff’s right to pursue the others, until there is a payment in fact. In this case, it is to be observed, that Loder is not a co-defendant in the judgment…
2Cited by16 opinions
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