Legal Opinion

Scott v. Shaw

New York Supreme Court

Decided August 15, 1816PublishedCited by 12 opinions

- IK. this case,, the-question Submitted ip the court, withoiitvari .gúmenb.-was, whether Simon fleet, late sheriff of 'the city-aná county of New-York, was entitled to poundage -.on the ca, sa, iss.u.edjn this cause, under the following circumstances;: , : The plaintiff having recovered: a judgment against the defend-.. ant in! this cause, .in which special bail 'had,been filed, his atf torney inadvertently issued acq.sa,, when bo’¿ft.fa. had.beep previously issued and…

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- IK. this case,, the-question Submitted ip the court, withoiitvari .gúmenb.-was, whether Simon fleet, late sheriff of 'the city-aná county of New-York, was entitled to poundage -.on the ca, sa, iss.u.edjn this cause, under the following circumstances;: , : The plaintiff having recovered: a judgment against the defend-.. ant in! this cause, .in which special bail 'had,been filed, his atf torney inadvertently issued acq.sa,, when bo’¿ft.fa. had.beep previously issued and returned, pursuant to the proviso in the _7th section of the which was special. Upon -this new judgment a .fit fa. and.ca.…

1Opinion of the Court

Spencer, J.,

delivered ..the opinion of the.,courts

" The act, prohibiting the issuing .a ca¿ sa.' (1. N. R. L. 502.) upon 'judgments-rendered, .in- actions wherein'special bail has been filed,: until after’a fi. fa. does not render-a ca. sa. issued , before a fi. fa. void; it is only voidable at the. instance of the - party against whom it is thus issued.- The sheriff certainly in.- !. curred the- risk of liability for an escape on the first ca. sa., for he could not set up, in an action-against him- for an escape, that the ca¿ sa. .had issued!¡regularly the sheriff therefore, gained . -a-…

2Cited by12 opinions

  1. Baker v. State ex rel. MillsIndiana Supreme Court · 1887
  2. Flack v. . the State of New YorkNew York Court of Appeals · 1884
  3. Peck v. City National Bank of Grand RapidsMichigan Supreme Court · 1883
  4. Williams v. HogeboomNew York Court of Chancery · 1840
  5. Hutchins v. EdsonSuperior Court of New Hampshire · 1817

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