Hawley v. Bates

Decided February 15, 1839

New York Supreme Court · decided 1839-02-15

Motion to set aside a writ of replevin and all subsequent proceedings upon the grounds that no penalty was inserted in the replevin bond, and that it was executed by the plaintiff with but one surety.

Good law ✅— No negative treatment on recordhow we know

Decided 1839-02-15

How this case has been cited

Cited by 6 later decisions — most recently December 1939

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Nelson, Ch. J.

¶2The 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.

¶3Rule accordingly.