6 Wend. 537
Decided June 9, 1831
New York Supreme Court · decided 1831-06-09
A judgment was entered in favor of Bart v. Deamer, on a bond and warrant of attorney, Deamer was found a lunatic on a writ of lunacy, and McDermut was appointed his committee, who applied to this court and obtained leave to make up a feigned issue to try the question, whether or not, at the execution of the bond and warrant, Deamer was of unsound mind.
Decided 1831-06-09
¶1By the Court,
¶2The plaintiff as the surety of Deamer, is entitled to full indemnity; the taxable costs would not make him whole. The proceeding had in this case is of an extraordinary character, and a party who sets it on foot, does so at his peril. The motion of the plaintiff is granted.