Bank of Buffalo v. Boughton
New York Supreme Court
Demurrer to declaration. The plaintiffs declared on a bond in the penal sum of $4000, executed to Tamerlane T. Roberts, Sheriff of the county of Niagara, conditioned that George Reynale should appear at the return of an attach-m.ent issued against him, for not returning an execution which had been delivered to him as late sheriff of Niagara to be executed, and abide such order as should be made in the premises.
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Demurrer to declaration. The plaintiffs declared on a bond in the penal sum of $4000, executed to Tamerlane T. Roberts, Sheriff of the county of Niagara, conditioned that George Reynale should appear at the return of an attach-m.ent issued against him, for not returning an execution which had been delivered to him as late sheriff of Niagara to be executed, and abide such order as should be made in the premises. The plaintiffs averred that Reynale did not appear as required by the condition of the bond, that the bond thereby became forfeited and that this court ordered it to be delivered up to…
1Opinion of the Court
By the Court,
Cowen, J.
This attachment appears on the face of the declaration to have been issued on a rule of course, and without any special application to the court, and without any order fixing the amount in which the late sheriff was to be holden to bail, pursuant to 2 R S. 442, § 6, 11, 2d ed. The 11th section expressly requires that when such an attachment issues, the party entitled to the writ shall procure an order from a judge or commissioner, directing the penalty of the bond; or, by section 15, id. p. 443, the defendant shall be discharged from arrrest, on executing a bond in the…
2Cited by4 opinions
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- Morton & Canda v. CampbellNew York Supreme Court · 1862
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