Dunford v. . Weaver
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 21 Hun, 349.) This action was against defendant, as sheriff of the county of Oneida, for ah alleged escape of one John Tillinghast, who had been received into his custody, under four several final precepts or mandates issued by the surrogate of Oneida county, in a proceeding originally commenced by John Boyle, as a creditor of one Boss Taylor,…
1Opinion of the Court
Folger, Ch. J.
1st. It is contended by the defendant that there was not a service of the summons in this case, while the debtor was off the jail liberties. What ever was done toward a service was done while the debtor was beyond the liberties. The act relied- upon by the plaintiff as a service, was the delivery of the summons to a deputy and clerk of the defendant at a room, which was, in fact, the office of the defendant as sheriff. The Code, section 426, subdivision 3, makes that a good service, if that room was the office of the defendant as sheriff, in view of law. It is the duty of the…
2Cases cited2 opinions
- Patterson v. WesterveltNew York Supreme Court · 1837
- Seaman v. . DuryeaNew York Court of Appeals · 1854
3Cited by24 opinions
- People v. Ah TeungCalifornia Supreme Court · 1891
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- Feldman v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1961
- People v. . FlackNew York Court of Appeals · 1915
- State v. Peerless InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
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