Mayor of New York v. Lyons
New York Court of Common Pleas
Appeal by the plaintiff from an order made at Special Term, setting aside a judgment as irregularly entered. One Mary Higgins obtained a judgment in the Fourth District Court, against the defendant" Lyons', "who is a constable in the city of Hew" York, for official misconduct, and on the return of the execution unsatisfied, leave was obtained of the Court of Common Pleas to commence an action upon Lyons’ bond. An action was commenced against Lyons and his surety Char-lock.
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Appeal by the plaintiff from an order made at Special Term, setting aside a judgment as irregularly entered. One Mary Higgins obtained a judgment in the Fourth District Court, against the defendant" Lyons', "who is a constable in the city of Hew" York, for official misconduct, and on the return of the execution unsatisfied, leave was obtained of the Court of Common Pleas to commence an action upon Lyons’ bond. An action was commenced against Lyons and his surety Char-lock. The summons was for a money demand on contract, and the complaint claimed to recover the sum of $97 25, with interest…
1Opinion of the Court
By the Court.
Daly, F. J.
This judgment was undoubt- - edly irregular. The condition of the bond upon which the action was brought was that the defendantLyons would well and faithfully execute the office of constable, and the mode of proceeding in an action upon bonds of this nature is regulated in part by the 147th section of the act to reduce several laws relating to the City of New York into one act (Rev. Laws of 1813, p. 396), and in part by Art. 2, Tit. VI., Chap. VI., Part III. of the Revised Statutes pointing out the mode of proceeding in action upon bonds for the performance of…
2Cases cited3 opinions
- Witherhead v. AllenNew York Supreme Court · 1859
- Rowan v. LytleNew York Supreme Court · 1825
- Saltus v. Commercial InsuranceNew York Supreme Court · 1813
3Cited by6 opinions
- Corn Exchange Bank of Chicago v. BlyeNew York Court of Appeals · 1890
- Krakower v. DavisAppellate Terms of the Supreme Court of New York · 1897
- Howe v. LloydNew York Supreme Court · 1870
- Lewis v. BeachNew York Supreme Court · 1908
- Hood v. HoodNew York Surrogate's Court · 1887
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