Richmond v. Roberts

Decided November 15, 1810

New York Supreme Court · decided 1810-11-15

Roberts. THE defendant in this cause was taken on a ca. sa. by the sheriff of Columbia, at the suit of Alexander Pope, and committed to the custody of the plaintiff, as gaoler. The plaintiff took a bond, payable in ten days, and a war- rant of attorney to confess judgment thereon, for the amount of the ca. sa. together with 10 dollars, for addi- tional costs and charges of the plaintiff. At the end of the ten days, judgment was confessed and entered up on the bond.

Cited by 2 later decisions — most recently September 1847

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1810-11-15

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attorney. Per

¶1Curiam. The judgment and warrant of attorney must be set aside. To tolerate a practice, for a sheriff or gaoler to take a judgment bond from a prisoner charged in execution, for the amount of the execution, and such other charges as the sheriff or gaoler may think proper to demand, would lead to the greatest abuse and oppres- sion. Such bonds, at least, ought to be open to every inquiry and defence at law. We arc inclined to think, that such bonds are against the statute, as being taken. for ease and favour, and by colour óf office ; but on this point we do not mean to give an opinion, or to conclude the party; but merely set aside the judgment and war- rant of atttorney, and leave the plaintiff, if he pleases, to prosecute the bond at

¶2law. Motion