Cornell v. Barnes
New York Supreme Court
On error to the Columbia common pleas. .Barnes brought an action against Richard Cornell and three others, in a justice’s court, and declared as follows.: “ The plaintiff complains against the defendants for that heretofore, to wit, in the spring of 1840, Richard Cornell was duly elected a constable of the town of Chatham, in the county of Columbia; and afterwards, to wit &c.,- and previous to his entering upon the discharge of the duties of said office &c., the said…
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On error to the Columbia common pleas. .Barnes brought an action against Richard Cornell and three others, in a justice’s court, and declared as follows.: “ The plaintiff complains against the defendants for that heretofore, to wit, in the spring of 1840, Richard Cornell was duly elected a constable of the town of Chatham, in the county of Columbia; and afterwards, to wit &c.,- and previous to his entering upon the discharge of the duties of said office &c., the said Cornell, and the other defendants above named, as his sureties, did, by their writing, jointly and severally agree to pay to…
1Opinion of the Court
By the Court,
Beardsley, J.
In order to maintain this suit,
the plaintiff was bound to show that the constable had become liable to pay the whole or some part of the money for which the execution was issued. Such are the precise terms of the instrument executed by the defendants, and so is the statute on the subject. (1 R. S. 346, § 21.), A constable may serve an execution which is regular on its face, although issued upon a judgment rendered without jurisdiction; for.he may rely upon his process, and is not bound to see that jurisdiction has been acquired.(a) But although such is the right of…
2Cases cited11 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Cleveland v. RogersNew York Supreme Court · 1831
- Elliot v. Cronk'sNew York Supreme Court · 1834
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