Douglas v. . Haberstro
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made October 28, 1881, which denied a motion for a new trial and directed judgment on a verdict, exceptions having been ordered to be heard at first instance at General Term. (Reported below, 25 Hun, 262.) This action was brought against defendant, as sheriff of the county of Erie, to enforce an alleged liability as bail.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made October 28, 1881, which denied a motion for a new trial and directed judgment on a verdict, exceptions having been ordered to be heard at first instance at General Term. (Reported below, 25 Hun, 262.) This action was brought against defendant, as sheriff of the county of Erie, to enforce an alleged liability as bail. The complaint alleged, and plaintiff’s evidence on the trial showed that plaintiff commenced an action in tort against one Warren;…
1Opinion of the CourtFinch, J.
This action must rest upon the sheriff’s liability as bail. It was so treated by the court and by the counsel upon the argument before us. A prima facie case was established against the defendant, and the questions to be considered grow out of the defenses which he sought to interpose.
They began with an attack upon the executions. Neither of them were tested in the name of any court or judge, and the body execution did not direct the time for its return. (Code, §§ 23 and 1366.) These omissions are claimed to have made the process void. We think they were merely irregularities which might be…
2Cases cited4 opinions
- Kelly v. . McCormickNew York Court of Appeals · 1863
- Hill v. . HaynesNew York Court of Appeals · 1873
- Brady v. . BrundageNew York Court of Appeals · 1874
- McGregory v. WillettThe Superior Court of New York City · 1859
3Cited by6 opinions
- In re Henry Kupfer & Co.Appellate Division of the Supreme Court of the State of New York · 1914
- MacDonald v. KieferdorfNew York Court of Common Pleas · 1892
- Deyo v. BorleyNew York Supreme Court · 1892
- Gregg v. MurphyNew York Supreme Court · 1893
- Thomas v. BogertNew York Supreme Court · 1884
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