Hart v. Seixas
New York Supreme Court
Error from the" New York common pleas.- Seixas commenced a suit agáinst Hart, Bush and" Young. By the record returned to -the writ of error it -appears that' the declaration commences in this form : “ Benjamin M. Siexas assignee of John Hi!Iyer, sheriff of the city and county of New York, pursuant to a.Statute, plaintiff in this suit, by A. D. K., his attorney, comes here into court, and by this declaration filed pursuant to statute, complains of Joseph C. Hart, George Bush…
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Error from the" New York common pleas.- Seixas commenced a suit agáinst Hart, Bush and" Young. By the record returned to -the writ of error it -appears that' the declaration commences in this form : “ Benjamin M. Siexas assignee of John Hi!Iyer, sheriff of the city and county of New York, pursuant to a.Statute, plaintiff in this suit, by A. D. K., his attorney, comes here into court, and by this declaration filed pursuant to statute, complains of Joseph C. Hart, George Bush and George Young defendants, residents of the said city and county o’f.New York, of a pipa,” &c." The plaintiff then…
1Opinion of the Court
By the Court, Cowen, J.
The only point now raised bearing the semblance of a substantial error is, that breaches of the bond are not assigned; and that is contrary to the fact. The condition was that Young should appear; and the breach assigned in both counts is, that he did not appear, the second count adding an order to pay costs, and the disobedience of that order. This is a full compliance with the statute requiring breaches to be assigned on bonds with a condition other than for the payment of money. 2 R. S. 300, 2d ed. § 6. The action on attachment bonds pursuant to an order of court, is…
2Cases cited5 opinions
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
- Foot v. StevensNew York Supreme Court · 1837
- Gould v. WeedNew York Supreme Court · 1834
- Smith v. FowleNew York Supreme Court · 1834
- Thomas v. CameronNew York Supreme Court · 1837
3Cited by41 opinions
- People v. . BradnerNew York Court of Appeals · 1887
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- Morrow v. WeedSupreme Court of Iowa · 1856
- In re Estate of EichhoffCalifornia Supreme Court · 1894
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
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