Bradley v. Bishop
New York Supreme Court
Demurrer to pleas. The declaration is in debt on recognizance of bail, in a suit of the plaintiffs against one I. Sunder- , lin.
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Demurrer to pleas. The declaration is in debt on recognizance of bail, in a suit of the plaintiffs against one I. Sunder- , lin. The defendant pleads 1. That a capais ad satisfaciendum was issued in the original suit, and delivered to the sheriff of Yates, and that from the time of the delivery thereof until its return, Sunderlin, the defendant in the original suit, was within the bailiwick of the sheriff of Yates, of which the sheriff had notice, and who at any time might have arrested him, but the sheriff did not, and would not make any endeavors to arrest Sunderlin upon such ca. sa.; and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
These pleas are both bad. The revised statutes prescribe that the plaintiff, in an action in which special bail shall have been put in, shall not be entitled to bring any suit on the recognizance of bail, until he has issued a fi.fa., which shall have been returned unsatisfied in whole or in part, and until a ca. sa. shall have subsequently been returned not found; and the sheriff is required to execute such process, notwithstanding any directions he may receive from the plaintiff or his attorney. 2 R. S. 382, § 31. The next section provides that the defendant may…
2Cited by7 opinions
- Cozine v. . WalterNew York Court of Appeals · 1873
- McArthur v. PeaseNew York Supreme Court · 1866
- Cozine v. WalterNew York Court of Appeals · 1873
- Homans v. New York Life InsuranceNew York Supreme Court · 1907
- Koch v. CootsMichigan Supreme Court · 1880
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