Dudley v. Goodrich

New York Supreme Court

Dudley v. Goodrich

7 Abb. Pr. 26, 16 How. Pr. 189

CourtNew York Supreme Court

DecidedJuly 15, 1858

StatusPublished

Cited by1 cases

This text of 7 Abb. Pr. 26 (Dudley v. Goodrich) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dudley v. Goodrich, 7 Abb. Pr. 26, 16 How. Pr. 189 (N.Y. Super. Ct. 1858).

Pincite

Opinion

Ingraham, J.

—The undertaking in this case was given on dis charging an attachment against a non-resident defendant. The plaintiff moves for other sureties, on the ground that one of them is insolvent.

It appears to me that this is one of those cases in which the court has no power to order additional sureties. The property has been discharged from the attachment in the mode pointed out by statute. There is no power to issue another attachment, and the court has no control over the property attached.

The reasons stated by me in The Hartford Quarry Company a. Pendleton (4 Ablotts' Pr. R., 460), are applicable to this case.

The same reasons are stated by Mr. Justice Hoffman, in Willett a. Stringer (15 How. Pr. R., 310), as to undertaking on appeals.

Motion denied, defendants’ costs to abide event.

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