People v. Holmes & Caswell

New York Supreme Court

People v. Holmes & Caswell

2 Wend. 281

CourtNew York Supreme Court

DecidedMay 15, 1829

StatusPublished

Cited by8 cases

This text of 2 Wend. 281 (People v. Holmes & Caswell) 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

People v. Holmes & Caswell, 2 Wend. 281 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Savage, C. J.

The bond of a constable may be given to the people, though it is not deemed necessary ^at jj. te thus executed, as intimated in Warner v. Racey, (20 Johns. R. 74.) Any person to whom the constable has become responsible on account of an execution delivered to him for collection, is entitled to commence a suit on the bond or instrument in writing, (in the language of the statute,) executed by him to ensure the faithful discharge of his duties, and previous leave to prosecute is not necessary to be obtained. The motion is denied, with costs.

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By the Court, Savage, C. J.

The bond of a constable may be given to the people, though it is not deemed necessary ^at jj. te thus executed, as intimated in Warner v. Racey, (20 Johns. R. 74.) Any person to whom the constable has become responsible on account of an execution delivered to him for collection, is entitled to commence a suit on the bond or instrument in writing, (in the language of the statute,) executed by him to ensure the faithful discharge of his duties, and previous leave to prosecute is not necessary to be obtained. The motion is denied, with costs.

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Bluebook (online)

2 Wend. 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holmes-caswell-nysupct-1829.

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