Haberstro v. Bedford
New York Supreme Court
Appeal from a judgment in favor of the plaintiff entered on a verdict in the Superior Court of Buffalo, and from an order denying a motion for a new trial.
Read the full summary
Appeal from a judgment in favor of the plaintiff entered on a verdict in the Superior Court of Buffalo, and from an order denying a motion for a new trial. The case was transferred to this court for review, pursuant to the Code of Civil Procedure (§ 273). The defendants became bail for one Warren, upon his arrest in a civil action, and the plaintiff therein having excepted to such bail, and the defendants having failed to justify the plaintiff, in- the present action as sheriff of Erie county, who made the arrest, was charged as bail. He was sued as such and a recovery was had against him,…
1Opinion of the Court
Bradlev, J.:
The question is presented whether the undertaking taken by the plamtitt, as sheriff, m the action of Douglas v. Warren was colore officii, and void within the statute which provides that “ no sheriff or other officer shall take any bond, obligation or security, by colour of his office, in any other case or manner than such as are provided by law, and any such bond, obligation or security taken otherwise than as herein directed shall be void.” • (2 R. S., 286, § 59.) This undertaking was in the form prescribed by section 187 of the old Code, but was made after the Code of. Civil…
2Cases cited6 opinions
- Cook v. . FreudenthalNew York Court of Appeals · 1880
- Barnard v. VieleNew York Supreme Court · 1839
- Douglass v. . HaberstroNew York Court of Appeals · 1880
- Dunham v. JacksonNew York Court of Chancery · 1829
- Clapp v. . SchuttNew York Court of Appeals · 1870
1 more not listed; retrieve them via the Exa API.