Given v. Driggs
New York Supreme Court
Debt by the sheriff of Albany, on a bond of indemnity dated 22d April, 1798. The declaration was in the common form. The defendant in his plea, set forth the condition of the bond, reciting, that on the 10th March, preceding, two writs of copias ad satisfaciendum had been issued out of the supreme court against George Driggs: one, at the suit of Wendover and J. Hopkins, for 805 dollars: the other at the suit of B. Dudley, for 126 dollars, returnable on the third Tuesday in…
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Debt by the sheriff of Albany, on a bond of indemnity dated 22d April, 1798. The declaration was in the common form. The defendant in his plea, set forth the condition of the bond, reciting, that on the 10th March, preceding, two writs of copias ad satisfaciendum had been issued out of the supreme court against George Driggs: one, at the suit of Wendover and J. Hopkins, for 805 dollars: the other at the suit of B. Dudley, for 126 dollars, returnable on the third Tuesday in April in the same year; that George Driggs had been taken, on both these suits, by S. Hamilton one of the plaintiff’s…
1Opinion of the Court · ThompsonThompson, J.
My recollection is confined to the case.
2Opinion of the Court · KentKent, J.
There can be no doubt that the verdict is against evidence. The one issue is upon the allegation that no bond was given, and that it was for his deliverance from such custody. But the evidence on *both sides concurs, that when [*460] the bond was given, George Driggs was not a prisoner, but at large, and had been so for some days, by the permission of the sheriff. The other issue is upon the allegation, that the judgments were suffered by the plaintiff to be entered by default fraudulently. But there is no svidence of such fraud, and no ground from which to…
3Cases cited3 opinions
- Acker v. BurrallNew York Supreme Court · 1839
- Trustees of Newburgh v. GalatianNew York Supreme Court · 1825
- Kneeland v. RogersThe Superior Court of New York City · 1829
4Cited by1 opinion
- Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959