Douglass v. Warren
New York Supreme Court
Appeal from an order of the Erie Special Term, made in both of the above entitled actions, exonerating Joseph L. Haberstro, as sheriff of Erie county, the defendant in the second action, and John M. Bedford and Henry H. Phillips, sureties to an undertaking given on the arrest of the defendant in the first action, from all liability, either as bail, sureties or otherwise in the above entitled actions, upon paying to plaintiff or her attorney the taxable costs in the second…
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Appeal from an order of the Erie Special Term, made in both of the above entitled actions, exonerating Joseph L. Haberstro, as sheriff of Erie county, the defendant in the second action, and John M. Bedford and Henry H. Phillips, sureties to an undertaking given on the arrest of the defendant in the first action, from all liability, either as bail, sureties or otherwise in the above entitled actions, upon paying to plaintiff or her attorney the taxable costs in the second above entitled action, to be adjusted by the clerk of this court, and ten dollars costs of opposing this motion, and…
1Opinion of the Court
Smith, J.:
The plaintiff commenced an action against the defendant Warren, and caused him to be arrested by the sheriff, Habcrstro. The sheriff took from him an undertaking, signed by two sureties, who failed to justify on being excepted to by the plaintiff. The plaintiff obtained 'a judgment against Warren, and an execution against his property was returned unsatisfied, and one against his person, that he could not be found. The second action was then commenced against the sheriff. During its pendency, and within twenty days after its commencement, the bail in the first action surrendered the…
2Cases cited3 opinions
- Brady v. . BrundageNew York Court of Appeals · 1874
- Clapp v. . SchuttNew York Court of Appeals · 1870
- Sartos v. MercequesNew York Court of Common Pleas · 1854