Earl v. Spooner
New York Supreme Court
Error to the Warren common pleas. Earl sued Spooner and Dixon before a justice of the peace and recovered $2, besides costs, which judgment the common pleas upon certiorari, prosecuted by the plaintiff\ affirmed; whereupon the plaintiff brought error to this court.
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Error to the Warren common pleas. Earl sued Spooner and Dixon before a justice of the peace and recovered $2, besides costs, which judgment the common pleas upon certiorari, prosecuted by the plaintiff\ affirmed; whereupon the plaintiff brought error to this court. The action was covenant, on a bond executed by the defendants in the penalty of f 100, given to procure the issuing of an attachment before a justice in favor of Spooner against the plaintiff, which was conditioned pursuant to the statute, (2 R. S. 230, § 29,) to be void if (among other things) Spooner should pay the defendant (the…
1Opinion of the Court
By the Court, Beardsley, J.
I think there was no error in allowing the defendants to give evidence of the second attachment and proceedings thereon, including a sale of the property to satisfy the judgment thus recovered against the plaintiff in this suit. The evidence was pertinent and material to the question of damages, and seems to have been received for that purpose alone.
The defendants were bound by their bond to pay the plaintiff all damages and costs which he might sustain by reason of the issuing of the attachment referred to in said bond, if the plaintiff in said attachment failed to…
2Cases cited1 opinion
- Otis v. JonesNew York Supreme Court · 1839
3Cited by5 opinions
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Kerry v. ArcherNew York Supreme Court · 1866
- Henderson v. Three Hundred Tons of Iron OreU.S. Circuit Court for the District of Southern New York · 1889
- Risk v. UffelmanNew York Court of Common Pleas · 1894
- Baker v. StackpooleCourt for the Trial of Impeachments and Correction of Errors · 1827