Legal Opinion

Warner v. Racey

New York Supreme Court

Decided May 15, 1822PublishedCited by 3 opinions

IN ERROR, on certiorari to a Justice’s Court. Racey sued the plaintiffs in error before a Justice, on a bond given by Warner, as constable, and M‘Kinney and Sturges, the other plaintiffs in error, as his sureties. The defendants below pleaded the general issue. On the trial, the plaintiff below proved that an execution had been deli» vered to Warner, as constable, which he had neglected to return, for upwards of thirty days.

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IN ERROR, on certiorari to a Justice’s Court. Racey sued the plaintiffs in error before a Justice, on a bond given by Warner, as constable, and M‘Kinney and Sturges, the other plaintiffs in error, as his sureties. The defendants below pleaded the general issue. On the trial, the plaintiff below proved that an execution had been deli» vered to Warner, as constable, which he had neglected to return, for upwards of thirty days. He then proved the execution of thebond by all the defendants below, “ to the people 0f Niagara county,” conditioned for the payment of “ all sums of money which shall…

1Per curiam

The bond is not according to the statute | if it were, there is no evidence of any breach, for no money has come to the hands of the constable, Sic. Though the statute is silent in that particular, yet we think the bond should be made to the people of the state of -New- York,, The judgment must be reversed.

Judgment reversed.

2Cited by3 opinions

  1. Commonwealth v. WestSupreme Court of Pennsylvania · 1828
  2. Levin v. RobieSuperior Court of Buffalo · 1893
  3. United States v. BrownDistrict Court, E.D. Pennsylvania · 1830

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