Dole v. Bull
New York Supreme Court
• This was an action of debt, on a bond for 900 dollars, dated 17th May, 1798, given to the plaintiff, as sheriff of the county of Rensselaer. The declaration was in the usual form.
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• This was an action of debt, on a bond for 900 dollars, dated 17th May, 1798, given to the plaintiff, as sheriff of the county of Rensselaer. The declaration was in the usual form. The defendants pleaded, 1. Non est factum; 2. Craving oyer of the bond, the condition of which was as follows : “ that if the above bounden Isaac Bull, now confined in the jail or prison of the county of Rensselaer, in the custody of the sheriff aforesaid, at the suit of Edward Rawson, for the sum of 458 dollars and 2 cents, shall be and remain a true. and faithful prisoner in the jail or prison aforesaid, until…
1Opinion of the Court
*Radcliff, J.
delivered the opinion of the court. The bond not being taken in pursuance, of the act, but at common law, which is substantially alleged in the plaintiff’s replications, and admitted by the demurrers, it is unnecessary to consider whether there is a material variance between the form of the bond and the directions of the act. The only question is, whether it be good, for the purpose it was taken, at common law.
¡|1¡ The bond being conditioned, that the defendant, Bull, should remain a true and faithful prisoner, is, on the face of it, undoubtedly good ; but it being alleged by the…
2Cases cited3 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Udall v. RiceSupreme Court of Vermont · 1801
- Prather v. BeelerCourt of Appeals of Kentucky · 1814
3Cited by2 opinions
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
- Love v. PalmerNew York Supreme Court · 1810