Douglass v. Haberstro
New York Supreme Court
Motion by the defendant for a new trial on exceptions taken at the Erie circuit, and ordered to be heard at the general term in the first instance.
1Opinion of the CourtSmith, P. J.
— The plaintiff herein sued one Warren, in tort, and caused him to be arrested. The ord er of arrest was served by the defendant herein as sheriff. Warren put in bail, who were excepted to and neglected to justify, and the defendant thereby became liable as bail. The plaintiff recovered judgment against Warren, and issued a property and a body execution thereon successively, which were returned by a deputy of the defendant. Nothing was collected, and Warren was not found. The plaintiff then eom-menced this action against the sheriff to enforce his liability ■as bail.
*457It was objected by the…
2Cases cited2 opinions
- Richtmeyer v. . RemsenNew York Court of Appeals · 1868
- James v. . GurleyNew York Court of Appeals · 1871