People v. Holmes
New York Supreme Court
This xvas an action-of debt, tried at the Jefferson circuit in June, 1829, before the Hon. Nathan Williams, one of the circuit judges.
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This xvas an action-of debt, tried at the Jefferson circuit in June, 1829, before the Hon. Nathan Williams, one of the circuit judges. The suit was commenced in February, 1829. The declaration is on a bond to the people, in the penal sum of $1000; conditioned, “that if the above bounden Jesse Holmes, appointed a constable for the town of Brownville, and county of Jefferson, shall pay to each and every person such sum of money as the said constable shall become liable for, on account of any execution which shall be delivered to such constable for collection, then,” See. The bond bore date 8th…
1Opinion of the Court
By the Court,
Marcy, J.
A question of considerable importance in relation to suits against constables who have not done their duty on executions delivered to them for collection was raised on the argument.
A constable, before he enters upon the duties of his office, is required to execute an instrument in writing by which he and his sureties shall jointly and severally agree to pay to each and every person such sum of money as the constable shall become liable to pay on account of any execution that shall be delivered to him for collection. 2 R. L. 126. The statute prescribes what shall be the…
2Cases cited1 opinion
- People v. Holmes & CaswellNew York Supreme Court · 1829
3Cited by12 opinions
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- Lewis v. SpencerNew York Supreme Court · 1834
- Bonde v. SternNorth Dakota Supreme Court · 1944
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