Decker v. . Judson
New York Court of Appeals
Appeal from the Supreme Court. The action was on a replevin bond. In April, 1847, Nash and Gardner commenced an action of replevin against Decker, the plaintiff and respondent, and, with the writ, delivered to the sheriff the affidavit and bond required by the Revised Statutes, in which bond the sheriff is named as obligee, and the same was executed by Nash and Gardner as principals, and by Evans and Bennett as them sureties. The bond was a joint and several bond.
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Appeal from the Supreme Court. The action was on a replevin bond. In April, 1847, Nash and Gardner commenced an action of replevin against Decker, the plaintiff and respondent, and, with the writ, delivered to the sheriff the affidavit and bond required by the Revised Statutes, in which bond the sheriff is named as obligee, and the same was executed by Nash and Gardner as principals, and by Evans and Bennett as them sureties. The bond was a joint and several bond. Decker, the defendant in the replevin suit, did not except to the sufficiency of the sureties. The issue in the replevin suit…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The appellant makes the following points, viz.: First. The bond is void, because taken by the sheriff colore officii, and not in a case provided by law; Second. It is void, independent of the statute against taking instruments colore officii, because it was nudum pactum in the sheriff's hands; Third. The bond having been executed by Judson after the sheriff was discharged from liability by the omission of Decker to except to the sureties, it is not embraced in…
2Cases cited9 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Stone v. WoodNew York Supreme Court · 1827
- Millard v. CanfieldNew York Supreme Court · 1830
- Acker v. BurrallNew York Supreme Court · 1839
- Richmond v. RobertsNew York Supreme Court · 1810
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3Cited by35 opinions
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- Miller v. . WhiteNew York Court of Appeals · 1872
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Malone v. HowellSupreme Court of Florida · 1939
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