Courter v. McNamara
New York Supreme Court
Motion to set aside order of arrest. The affidavit upon which the order was granted, states that the action was brought to recover the amount due upon an account for advances made, and supplies furnished to the defendant, and his laborers, while engaged as a contractor upon the Albany and Susquehanna Railroad; that on the first of February, when the summons in this action was served upon the defendant, he stated that he had $1050 in his house, but that the plaintiffs, should…
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Motion to set aside order of arrest. The affidavit upon which the order was granted, states that the action was brought to recover the amount due upon an account for advances made, and supplies furnished to the defendant, and his laborers, while engaged as a contractor upon the Albany and Susquehanna Railroad; that on the first of February, when the summons in this action was served upon the defendant, he stated that he had $1050 in his house, but that the plaintiffs, should not have a red cent of it, that he intended to leave for California in a few days, and the plaintiffs might whistle for…
1Opinion of the Court
Harris, Justice.
Upon an appeal to the court of appeals the undertaking must -be executed by “ at least two sureties.” (Code, § 334.) When property is to be taken from the defendant and delivered to the plaintiff, an undertaking must be executed by “ one or more sureties.” (Code, § 209.) If the defendant wishes to retain the property, he must give an undertaking, executed “ by two or more sufficient sureties.” (Code, § 211.) If, when the property is claimed by a third person, the plaintiff would still have it delivered to him, he must give an undertaking executed “ by two sufficient sureties.”…
2Cited by4 opinions
- Barker v. CookNew York Supreme Court · 1863
- Diad v. ShibleyNew York Supreme Court · 1906
- Adams v. SpeelmanNew York Supreme Court · 1886
- Brodsky v. IHMSNew York Court of Common Pleas · 1863