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