Barnett v. Pardow
New York Supreme Court
Pardow sued out a writ of error, returnable in this court, to reverse "a judgment rendered in the superior court of the city of New-York against him, in favor of Barnett; filed the writ of error with a bond with sureties, according to the requirements of the statute, and gave notice of the filing of the same and of the names, &c. of the sureties.
Read the full summary
Pardow sued out a writ of error, returnable in this court, to reverse "a judgment rendered in the superior court of the city of New-York against him, in favor of Barnett; filed the writ of error with a bond with sureties, according to the requirements of the statute, and gave notice of the filing of the same and of the names, &c. of the sureties. The defendant in error excepted to the sufficiency of the sureties, and gave notice of exception; whereupon the plaintiff in error, within ten days after such notice, procured his sureties to make an affidavit that each of them was a householder,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The revised statutes have changed the practice on this subject. The legislature have pointed out the mode in which the sureties shall justify: “ within ten days after such notice of exception the sureties shall justify by an affidavit that each of them is a householder, worth double the amount,” &c. If this requirement of the statute is complied with, nothing more can be asked ; and if complied *617with, what benefit could result from the attendance of the defendant in error at the time and place of justification. Besides, if the defendant in error was to have notice of…
2Cited by2 opinions
- Walker v. Holmes & LaunitzNew York Supreme Court · 1840
- Miles v. ClarkeThe Superior Court of New York City · 1859