Ex parte Decker
New York Supreme Court
Baker recovered judgment against Decker in a justice’s court of the county of Steuben, whence Decker sought to appeal. For this purpose, within the time limited for appealing, the requisite bond was prepared, with a blank for the penalty and the amount of the judgment; and ex-ccufec¡ Decker and a surety.
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Baker recovered judgment against Decker in a justice’s court of the county of Steuben, whence Decker sought to appeal. For this purpose, within the time limited for appealing, the requisite bond was prepared, with a blank for the penalty and the amount of the judgment; and ex-ccufec¡ Decker and a surety. This they delivered to the subscribing witness, with oral power to fill up the blanks according to the judgment; and also to make any Other alterations necessary to render it valid according to the statute. The witness carried the bond to the justice ; and on learning the amount of the…
1Per curiam
The common pleas decided correctly. Though the agent might have had power to correct the bond on its delivery, (a point which it is not necessary to decide,) he certainly had no right to tamper with the bond in this way. He could not alter it again and again at his discretion. Such a general power cannot extend beyond the time of delivery. Its force was spent on filling up the blanks.
Motion denied.
2Cited by2 opinions
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