Davis v. Haffner
New York Court of Common Pleas
Appeal from a judgment of the Marine Court. This was an action brought against the bondsmen of a constable to recover the amount of a judgment for not returning an execution within the time required by law. Upon the trial it was objected that the bond was void by reason of not having been given according to the statute— and also that leave had not been given to prosecute the bond.
Read the full summary
Appeal from a judgment of the Marine Court. This was an action brought against the bondsmen of a constable to recover the amount of a judgment for not returning an execution within the time required by law. Upon the trial it was objected that the bond was void by reason of not having been given according to the statute— and also that leave had not been given to prosecute the bond. The objections were overruled in the court below, and judgment rendered for the plaintiff; from which the defendants appealed.
1Opinion of the CourtWoodRuff, J.
There is nothing in the return herein to show that there was any variance between the summons and the complaint, and no such objection was raised on the trial. Such objection is purely technical: it was waived by appearing and pleading the merits.
The other ground of appeal is of graver importance. It is insisted that the bond of the defendant, given to secure the faithful performance of the duties of the defendant Kruger as constable of the second ward, is not in conformity with the requirements of the statute, and therefore is not valid as a statute bond ; and that if the bond be valid, no…
2Cited by1 opinion
- Hauger v. BernsteinNew York Court of Common Pleas · 1878