Kesler v. Haynes
New York Supreme Court
The defendants moved to set aside a default for not pleadtng, and all subsequent proceedings, for irregularity, on the ground that the appearance of the defendants had not been entered, the action being replevin; and that the sheriff had made deliverance on the writ, when he had received a replevin bond with only one surety,
1Opinion of the Court
By the Court
Savage, Ch. J.
It was the duty of the clerk to have entered the appearance of the defendants on the writ being returned. 2 R. S. 528, § 34. The defendants cannot avail themselves of his omission ; nor can they object that the sheriff accepted a bond with but one surety. The statute, 2 R. S. 523, § 7, requires a bond with sufficient sureties to be approved by the sheriff, to be executed before the service of a writ of replevin. If he omits to" take" sufficient surety, he is responsible, but the proceedings are not irregular.
2Cited by5 opinions
- Wilson v. WilliamsNew York Supreme Court · 1836
- Morton & Canda v. CampbellNew York Supreme Court · 1862
- Morris v. HansonColorado Court of Appeals · 1892
- Morris v. HansonColorado Court of Appeals · 1892
- Morton v. CampbellNew York Supreme Court · 1862