Green & Green v. Ovington & Bleecker
New York Supreme Court
THIS was an action of debt on a recognizance of bail, • ° ' taken m the Mayor’s Court, of the city of New-YorJc. The declaration stated, that the plaintiffs, in the May term of the Mayor’s Court, in the year 1810, recovered a judgment against one John Gallaugher, for 326 dollars and 16 cents damages, in an action of assumpsit; that, pending that suit, in April term, 1810, of the Mayor’s Court, the defendants in this action became bail for Gallaugher ; and that a ft. fa. was…
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THIS was an action of debt on a recognizance of bail, • ° ' taken m the Mayor’s Court, of the city of New-YorJc. The declaration stated, that the plaintiffs, in the May term of the Mayor’s Court, in the year 1810, recovered a judgment against one John Gallaugher, for 326 dollars and 16 cents damages, in an action of assumpsit; that, pending that suit, in April term, 1810, of the Mayor’s Court, the defendants in this action became bail for Gallaugher ; and that a ft. fa. was issued against Gallaugher, to the sheriff of Ji'ew- York, who returned, that he had made the sum of 12 dollars and 10…
1Opinion of the CourtSpencer, J.
The course of the argument adopted by the counsel did not appear to me adapted to this case. The plaintiff declares in debt, on a record of recognizance of bail entered into by the defendants, in the Mayor’s Court, as of April term of *58that Court, in 1810; and refers, in his declaration, to the recoí¿ 0f recognizance remaining in that Court, in the usual form of declaring on records of judgment or recognizance, prout patet per recordum.
The defendant’s plea impeaches the record, in stating that the bail-piece, which is the warrant for the recognizance record, was not acknowledged by the…
2Cited by8 opinions
- People v. KaneNew York Supreme Court · 1847
- Lincoln v. TowerU.S. Circuit Court for the District of Illinois · 1841
- Griswold v. StewartNew York Supreme Court · 1825
- Ellison v. StateSupreme Court of Alabama · 1845
- Sprague v. LitherberryU.S. Circuit Court for the District of Ohio · 1848
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