Sherburne v. Shepard

Morton, O. J.

This is scire facias against the indorser of a writ. The only defence now relied upon is, that the plaintiff in this suit, in taxing his costs in the original action, in which he was the defendant, fraudulently procured the allowance by the clerk of various sums to which he was not lawfully entitled. We are of opinion that this defence is not open to the defendant, but that the judgment in the original action, so long as it is unreversed, is conclusive upon him.

The statute provides that “ every indorser, in case of avoidance or inability of the plaintiff, shall be liable to pay…