Covey v. Noggle
New York Supreme Court
Henry Covey, the appellant, commenced an action against the respondent, Jacob Moggie, in the Livingston county court, by the issuing and service of a capias ad respondendum, under the law of 1847, known as the judiciary act. The capias was issued the fifth day of August, 1848, and served the ninth of the. Same month.
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Henry Covey, the appellant, commenced an action against the respondent, Jacob Moggie, in the Livingston county court, by the issuing and service of a capias ad respondendum, under the law of 1847, known as the judiciary act. The capias was issued the fifth day of August, 1848, and served the ninth of the. Same month. The writ was in the form which had long been in use in the supreme court of this state, with an ac etiam clause, in these words: “ And also to a bill of the said Henry Covey, against the said Jacob Moggie, for assaulting, beating, wounding and maiming him, the said Henry Covey,…
1Opinion of the Court
By the Court, Welles, J.
The capias in the original action was the first process in that suit, and the only means by which the county court acquired jurisdiction of the defendant’s *332person, and was the only authority for his arrest, upon which the bond was taken on which this action is brought. If that capias was issued in a case where the county court had no jurisdiction, the arrest was illegal and void, and no action can be maintained on the bond. (Parke v. Heath, 15 Wend. 301.) The judiciary act, in defining the jurisdiction of the county., courts, and specifying the cases where jurisdiction…
2Cases cited1 opinion
- Parke v. Heath & M'CotterNew York Supreme Court · 1836
3Cited by1 opinion
- Lenhard v. LynchNew York County Court, Erie County · 1881