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Hawley v. Bates

19 Wend. 632
CourtNew York Supreme Court
DecidedFebruary 15, 1839
StatusPublished
Cited by12 cases

This text of 19 Wend. 632 (Hawley v. Bates) 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
Hawley v. Bates, 19 Wend. 632 (N.Y. Super. Ct. 1839).

Opinion

By the Court,

Nelson, Ch. J.

The writ of replevin was irregular without the bond required by the statute, 18 Wendell, 584; but as a new bond conforming thereto has been made and duly delivered, and as the error in the first bond arose from the mistake of the sheriff, we will allow the proceedings to stand good, on payment of the costs of this motion. This saves the defendant harmless, and secures him the benefit of the statute, without imposing upon the plaintiff the trouble and expense of a new suit.

Rule accordingly.

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Bluebook (online)
19 Wend. 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawley-v-bates-nysupct-1839.