Jones v. Dunning
New York Supreme Court
The defendants were sued as the special bail of A. B. In January term last, judgment was obtained against them, and in March, an execution issued thereon. The proceedings against them were by writs of scire facias, which were returned nihil; and it appeared, that the second scire facias had not been four days in the sheriff’s office. On this ground,
1Opinion of the Court
Per Curiam,
There has been a great laches on the part of the defendants. They must be presumed to have had actual notice of the proceedings against them, at or before April term last, for the execution issued in March. Two terms have since intervened, and they now come too late to object to these proceedings.
Motion denied.(a)(a) It is a general rule in regard to applications to set aside proceedings oil the ground of irregularity, and “it has been uniformly held, in regard to applications of this nature, that the party must present his application to the court, at the first opportunity after…
2Cases cited1 opinion
- Hart v. SmallNew York Court of Chancery · 1834
3Cited by1 opinion
- The ElizabethDistrict Court, S.D. New York · 1862