Legal Opinion
Cozine v. . Walter
New York Court of Appeals
Decided December 23, 1873PublishedCited by 10 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The return of the execution against Rogers "not found" subjected the plaintiff, his bail, to an action upon his undertaking, and was conclusive upon him in that action. If the return was false, the plaintiff had a right of action against the sheriff for the damages sustained by reason of such false return. (Bradley v. Bishop, 7 Wend., 352; Kidder v. Parlin, 7 Greenl., 80; McArthur v. Pease, 46 Barb., 423.)
In case of a recovery on the undertaking, and payment…
2Cases cited3 opinions
- Bradley v. BishopNew York Supreme Court · 1831
- Bank of Geneva v. ReynoldsNew York Supreme Court · 1860
- McArthur v. PeaseNew York Supreme Court · 1866
3Cited by10 opinions
- Brady v. . BrundageNew York Court of Appeals · 1874
- Garofalo v. PrividiAppellate Terms of the Supreme Court of New York · 1904
- Walter v. . MiddletonNew York Court of Appeals · 1877
- Yatter v. Pitkin & MillerSupreme Court of Vermont · 1900
- Koch v. CootsMichigan Supreme Court · 1880
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