New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-09
COURT OF COMMON PLEAS-SPEcAL TERM-DEc g.
Before Judge BRADY.
SUIT ON A CONSTABLEs BOND MUST BE IN THE
NAME OF THE MAYOR, &C.
Msyor kr at. Doody Draddy.

A SUIT ON A CONsTABLE's BOND MUST BE THE
NAME OF THE MAYOR, &C.
The Mayor, &C., set. Doody Draddy.
BRADY J.-Guetavus Shepard recovered judg-
ment in the Second District Court snst the defendant Dood
and selling under execution against O. H. Chaplin and j.
Sss c 3 .
the recovery of the the Court named and the due
plaintiff. in the penal $500 conditioned that il Doody
bcne IL al things well and ha perform md execute the
pre- sson the said bond should be void otherwise to remain
S ff he sn
been made the condition Of the bond aforesaid thereby tia,
The and insists the action improperly
creditor being party interest. that there !: nothing
The i part defendant
ard That his sureties liable for such The den
f se Of the complain
setting copy the bond contemplated BY section e2 of
say thst TIE sucency peadnss under the Code be
mir BY The ps s which a.. al scSn
founded instrument for the payment Of only
and .: a eI ds to h hSSe
party specified which he claims II impose: no obisa
the pcsde not bis adversary The rule. which refer
pofert and Of an instrument under the old
actions under the Code Section 88 OF
the Code and of the Supreme Court provide for
Ps OF d Ss
Of document must obtain 1t In the manner suggested
cs bond The People Schuyler, Cons 175 IL would be
by constable acting In that capacity not REGARDED
oppression and the 9u son bad not been determined
BY the Court Of last resort should have held the defendants
liable on the bond.
Prior Code of debt might be prosecuted In the
Of the People consahles bond without obtaining
leave fthe Court The People Holmes and C~wel I'd Wend
M and action Of in the Of the eeved
on the condition. Lawon Erwin and oheTs wend 2S
II then only question Of form and the right OF
the party proecung depended the character
Of the seton in which presented his He could in
s tS S
people bit to the Mayor Aldermen and Commonty Of the
City Of and the statute which provides for the bond
laws Of the State relating TO the City 499 Ed 1885,
plates action thereon In the obgees inssmuch
other person ssgrieved may after Judgment upon such
.nch constable apply the Mayors Court for relief
Court ,ha direct such further Judgment
on such bond &c. and often any recovery shall be
bad against such such further levy TO be
Laws supra 4s See Judge Woodrun's opinion vs.
HsfnsI I'd Abbott 1877 Eject The Mayors Court
the tribunal to which application Is made for leave to
| judements than the which prompted the action
the bond, when Judgment the bond perfected.
The statute conemPaes but judgment the bond and
the apple 10 the Mayors Court by other judgment cred
toIs assmstes 20 the suggestion Of breaches OF the condition
bond after Judgment action Of under old
system But Independently Of this view Of the question:
expressly authorized by statute without joining with him
1.-THE for whose benefit the action thus
excepting clause might action could
be maintained Conssble's bond in the of any other
person than the party aggeved For these think
the demurrer well taken that action mus, be In
ne name Of the Mayor &c and that the plaintiff have
judgment Ordered Judgment with leave defendants to
| answer on payment o. costs
| ,. Henry M. Benedict sg. Henry r. Fooie
| Mo'ion Tor leave to answer granted on payment Of
| costs.
| Richard Read Co. ast. Frederick c. Paul.
| Mo'lon 70 vaeate order of arrest graoted.