¶1The court held, that the bond was not a bond to the officer who had the warrant, taken colore officii, but to the parties who sued out the warrant; that the variance from the terms of the statute, in the condition, did not render' the bond void, though broader than could have been required by the obligors, but the obligors could not now complain that they had bound themselves to do what had not been required of them. The defects' in the declaration were held cured by the verdict, and the judgment of the Supreme Court was reversed, and that of the Common Pleas affirmed, by an unanimous vote, 22 being present.
1 Lock. Rev. Cas. 36
Ring v. Gibbs
Court for the Trial of Impeachments and Correction of Errors
Decided July 1, 1799
Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01
Debt on bond in New York Common Pleas, the condition of which was, that if the said W. C. G. and C. V. S. K., (obligors and defendants below,) should pay all such… Held: in the opinion of the Supreme Court, that the declaration is bad, in not alleging a request, pursuant to the provisions of the 16th sect, of the statute. The court reversed the judgment of the Common Pleas, for these reasons; and now on writ of error to the Court of Errors, after the argument was closed,
Decided 1799-07-01