Lathrop v. Briggs
New York Supreme Court
Oh error to the Washington O. P, The action in the court below was trespass by Briggs against Lathrop, for taking a horse, saddle and bridle. It was proved that Lathrop sued one Walworth before a justice, and the cause was adjourned at Walworth’s request, Briggs becoming bail for the adjournment. On the adjourned day, (April 18th, 1824,) the justice rendered judgment in favor of Lathrop,' Walworth not appearing till after judgment entered. Execution issued the same day.
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Oh error to the Washington O. P, The action in the court below was trespass by Briggs against Lathrop, for taking a horse, saddle and bridle. It was proved that Lathrop sued one Walworth before a justice, and the cause was adjourned at Walworth’s request, Briggs becoming bail for the adjournment. On the adjourned day, (April 18th, 1824,) the justice rendered judgment in favor of Lathrop,' Walworth not appearing till after judgment entered. Execution issued the same day. Lathrop then sued Briggs as bail; and the cause was tried without jury, April 27th, 1824,- and on the first of May, then…
1Opinion of the Court
Guria, per Woodworth, J.
Briggs became surety according to the statute; and whether he was liable as such is not now a material fact. Judgment was rendered against him; and its regularity or justice cannot be drawn in question in this cause. It must be considered a valid judgment.
It appearing that the discharge of Walworth was before judgment actually entered, the counsel for the plaintiff be* *172low supposes that, though the discharge of Walworth might equally operate to discharge-Briggs, his only remedy was by action against Lathrop for breach of his agreement, or duty, not to take and enforce…
2Cases cited6 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Felter v. MullinerNew York Supreme Court · 1807
- Hess v. BeekmanNew York Supreme Court · 1814
- Ex parte LawrenceNew York Supreme Court · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Savage v. SullyAppellate Division of the Supreme Court of the State of New York · 1915
- Griswold v. HillU.S. Circuit Court for New York · 1825
- State v. GraySupreme Court of Iowa · 1872
- Breck v. BlanchardSuperior Court of New Hampshire · 1850