Decker v. Anderson
New York Supreme Court
MOTION for a new trial, on a bill of exceptions. The cause came on for trial at the Columbia circuit in September, 1861, when the presiding justice ordered a verdict for the defendants, to which the plaintiff’s counsel excepted. The action was brought upon an undertaking executed by the defendants and taken by the sheriff of Columbia county at the commencement of a suit to recover the possession of personal property, once Known and well known as an action of replevin.
Read the full summary
MOTION for a new trial, on a bill of exceptions. The cause came on for trial at the Columbia circuit in September, 1861, when the presiding justice ordered a verdict for the defendants, to which the plaintiff’s counsel excepted. The action was brought upon an undertaking executed by the defendants and taken by the sheriff of Columbia county at the commencement of a suit to recover the possession of personal property, once Known and well known as an action of replevin. The plaintiff here was the defendant in that suit; The defendants undertook and became bound for the prosecution of said…
1Opinion of the CourtPeckham, J.
The judge at the circuit undoubtedly regarded this undertaking as analogous to special bail, who have been held to be not liable if excepted to and they fail to justify. But special bail could not set up such a defense by plea. Their remedy was by motion to have an exoneretur entered on the bail piece. ( Van Duyne v. Coope, 1 Hill, 557. Humphrey v. Liete, 4 Bur. 2107.) “ The bail are liable so long as their names remain on the bail piece.” (1 Arch. Pr. 310. See also Flack v. Eager, A John. R. 185; Thorp v. Faulkner, 2 Cowen, 514; 1 id. 54.) The analogy in this respect does not hold good, if…
2Cases cited1 opinion
- Lawrence v. GrahamNew York Supreme Court · 1833
3Cited by6 opinions
- Manning v. . GouldNew York Court of Appeals · 1882
- Fried v. RivkinAppellate Terms of the Supreme Court of New York · 1916
- McSpedon v. BoutonNew York Court of Common Pleas · 1873
- Webb v. Hecox, New York County Courts1899
- Barton v. DonnellyNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.