Elizabeth Horne vs. Robert Reed, constable

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Elizabeth Horne vs. Robert Reed, constable - Sappleaseatary PreeeedfajrB. Elizabeth Home vs....
Sappleaseatary PreeeedfajrB. Elizabeth Home vs. Robert Reed.Thia was asi : action brought bathe Superior Court to recover dam- dam- : age against the defendant as constable, for tbe taklasr ' of certain property, alleged to belong to the plaintix. : and which was taken under an execution issued against one Bache. The plaintiff succeeded in the ae- ae- tion, and obtained a judgment against defendant. Aa v execution upon the judgment was IssuetLAnd returned V- V- unsatisfied, and thereupon proceedings supplementary' -'' thereto were had. Upon his examination the defend- defend- ant disclosed an indemnity bond, which Is in the pos- pos- session of the attorney for defendant. The plaintiff" and receiver now insisted that the Indemnity bond ; should be delivered up to tbem for the purpose of being sued, Ac. - Tbe defendant's attorney claimed that tbe bond was delivered to him by bis client at . the time he undertook the defence of this suit, as se- se- -curity -curity for hi costs, and that 1 they have not yet beast paid. C hief Justice Bobwobth, before whom the motiea was made, denied it upon several grounds, and among others, that according to section 299 of the code, the receiver must commence aa action, where a third party claims an interest in the property adverse to the . debtor. A. R. Dyett for the plaintiff; Wm. Fullertoe aad Henry H. M orange tor attorney. ' -

Clipped from The New York Times30 Sep 1859, FriPage 2

The New York Times (New York, New York)30 Sep 1859, FriPage 2
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  • Elizabeth Horne vs. Robert Reed, constable

    snl – 11 Sep 2013

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