Thomas v. Curtis
New York Supreme Court
The defendant was arrested previous to the last July term oil a capias on which bail was required, and committed to prison for the want of bail. He employed an attorney to defend the action, who gave notice of retainer to the plaintiff’s attorney. In October term the defendant’s attorney was served with a copy of the declaration, but no copy was delivered to the defendant in person, or to the sheriff or keeper of the jail and on that ground,
1Opinion of the Court
By the Court, Bronson, J.
Service upon the attorney was, in legal effect, service upon the defendant. In Judson v. Jones, 12 Wendell, 209, the declaration was not delivered to any one, until afte'r the defendant was entitled to his discharge. In Gronehouse v. Cleaver, 11 Wendell, 357, and 1 Str. 476, the prisoner *676had no attorney. In Dent v. Hallifax, 1 Taunt. 493, the attorney was only employed for the purpose of putting in bail, and when the declaration was served on him, he immediately returned it to the plaintiff’s attorney, and pointed out to him the necessity of delivering it to the…
2Cases cited1 opinion
- Judson v. JonesNew York Supreme Court · 1834