Douglas v. Warren
New York Supreme Court
, Appeal from an order of the Erie special term, in both of the above entitled actions, exonerating the sheriff, the defendant in the second action, and the bail pnt in by the defendant in the first action, from liability in said actions, upon paying the costs of the second action, and the costs of opposing the motion, and ordering the said second action to be discontinued on payment of said costs.
1Opinion of the CourtSmith, J.
The plaintiff commenced an action against the defendant, Warren, and caused him to be arrested by the sheriff, Haberstro.
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 defendant,…
2Cases cited2 opinions
- Brady v. . BrundageNew York Court of Appeals · 1874
- Sartos v. MercequesNew York Court of Common Pleas · 1854