Jewett v. Crane
New York Supreme Court
Appeal from a judgment. The plaintiff in this action, in December, 1854, commenced an action in this court against one Sprague, and in that action procured, on the 13th of December, an attachment to be issued against the property of Sprague as a non-resident.
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Appeal from a judgment. The plaintiff in this action, in December, 1854, commenced an action in this court against one Sprague, and in that action procured, on the 13th of December, an attachment to be issued against the property of Sprague as a non-resident. To procure the discharge of that attachment, the defendants in this action executed an undertaking in the usual form, and subsequently, on the 9 th of February, 1855, Sprague put in his answer to the complaint in that action, and the plaintiff subsequently, and on the-29th of September, 1855, on an affidavit claiming that the defendant…
1Opinion of the Court
By the Court.*— Leonard, J.
—The defendants cannot object to the practice or proceedings in the action of Solomon W. Jewett a. Augustine N. Sprague.
If the judgment has been irregularly.obtained, sureties can be heard, if they apply seasonably, on motion to set it aside and let them in to defend the original action.
So, also, sureties may be let in to defend on the merits in the place of the defendant for whom they were bound, even after a regular judgment, if it were necessary for their protection, on suitable application and excusing laches.
The sheriff has been allowed to defend an action…
2Cited by8 opinions
- Cabe & Hobson Ltd. v. SterlingNew York Court of Appeals · 1889
- Forbell v. DentonAppellate Division of the Supreme Court of the State of New York · 1900
- Aparicio v. New England Equitable InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- Bennett v. MulryThe Superior Court of the City of New York and Buffalo · 1893
- Boessneck v. BabNew York Supreme Court · 1899
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