New York Supreme Court, 1845

Wagner v. Adams

Wagner v. Adams
New York Supreme Court · Decided June 15, 1845 · Jewett
1 How. Pr. 191

Counsel

H. Adams, Defts Counsel. Lobdell and Adams, Defts Attys., J. Newland, Tiffs Counsel. Hammond and Bates, Tiffs Attys.

Wagner v. Adams

Opinion of the Court

H. Adams for defendant, persisted that the statute on this subject should be construed as requiring the plaintiff himself to execute the bond *192with one or more sureties. J. Newland for plaintiff, cited 2 R. S., 575, § 4; 4 Paige, 273, showing that the plaintiff need not join in the bond*

Jewett, Justice.

It is not necessary that the plaintiff should himself execute the bond, when he does not, two sufficient sureties must do so.

The motion was disposed of on other points.

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