Legal Opinion

Row v. Pulver

New York Supreme Court

Decided August 15, 1823PublishedCited by 1 opinion

On certiorari to a Justice’s Court. In assumpsit, by Pu^ver against Row, in the Court below, it appeared that Puher, as a non-resident plaintiff, within the 25 dollar act, section .4, (1 R. L. 388-9,) had sued one Louks, who obtained an adjournment upon the defendant, Roto, signing the fol- . f r lowing instrument as secunty : “ DUTCHESS COUNTY, SS. Philip Louks ) f a5°* ( John W. Puher. ) Action by warrant, under $25 act,. The defendant applies for an adjournment.

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On certiorari to a Justice’s Court. In assumpsit, by Pu^ver against Row, in the Court below, it appeared that Puher, as a non-resident plaintiff, within the 25 dollar act, section .4, (1 R. L. 388-9,) had sued one Louks, who obtained an adjournment upon the defendant, Roto, signing the fol- . f r lowing instrument as secunty : “ DUTCHESS COUNTY, SS. Philip Louks ) f a5°* ( John W. Puher. ) Action by warrant, under $25 act,. The defendant applies for an adjournment. I, Phillip A. Row, do hereby become security, that the said Philip Louks shall appear before Henry I. Trailer, the Justice,…

1Opinion of the Court

Curia.

The judgment must be reversed. It is fairly to foe inferred, from the evidence in the case, that Louks, the original defendant, was not a freeholder; and it is expressly proved that he was an unmarried man. Execution might, therefore, have gone against him immediately ; or, admitting him to have been a freeholder, execution might then have issued in 30 days, which would have been on the 20th of March. The undertaking of Row was in the alternative, either that Louks should stand trial, and pay whatever damages and. costs might be recovered against him, or surrender himself in execution.…

2Cases cited3 opinions

  1. King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
  2. Dunham v. HeydenNew York Supreme Court · 1811
  3. Tuttle v. KipNew York Supreme Court · 1821

3Cited by1 opinion

  1. Toles v. . AdeeNew York Court of Appeals · 1881

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