Ex parte Noble

New York Supreme Court

Ex parte Noble

2 Cow. 590

DecidedMay 15, 1824

StatusPublished

This text of 2 Cow. 590 (Ex parte Noble) 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

Ex parte Noble, 2 Cow. 590 (N.Y. Super. Ct. 1824).

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Opinion

Curia.

Before we give leave to prosecute the sureties of the Sheriff, under the discretion vested in us by the statute, (1 R. L. 421, s. 6,) we in general require that a fi.fa. a¿aiv.st the Sheriff be returned nulla bona, &c., as the evidence of his inability to pay. But this is not necessary vT.cn it appears sufficiently plain, as it does in this case, tho t the Sheriff is unable to pay. Issuing a fi.fa. and having it returned would be an idle ceremony.

Motion granted.

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Curia.

Before we give leave to prosecute the sureties of the Sheriff, under the discretion vested in us by the statute, (1 R. L. 421, s. 6,) we in general require that a fi.fa. a¿aiv.st the Sheriff be returned nulla bona, &c., as the evidence of his inability to pay. But this is not necessary vT.cn it appears sufficiently plain, as it does in this case, tho t the Sheriff is unable to pay. Issuing a fi.fa. and having it returned would be an idle ceremony.

Motion granted.

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Bluebook (online)

2 Cow. 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-noble-nysupct-1824.