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Lichfelt v. Kopp ( 1878 )


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  • Per Curiam.

    Suit upon a recognizance of special bail, by which the defendants undertook for the appearance of one Bettinger. The plaintiff obtained judgment against Bettinger, took out a fi. fa. and afterwards a ca. sa. and the only question arising upon the record is made upon the sufficiency of the sheriff’s return to the last named writ.

    . The statute (Comp. L., § 5763) provides that no action shall be brought against the special bail until a ca. sa. shall be issued etc., and returned by the sheriff “that the defendant could not be found within his county.” The return made by the sheriff is that “ I hereby certify and return that after diligent search and inquiry I am unable to find the within named defendant Jacob Bettinger within my bailiwick, and cannot have his body as I am within commanded.” This is fully equivalent to the statutory requirement, and is sufficient.

Document Info

Filed Date: 1/30/1878

Precedential Status: Precedential

Modified Date: 11/10/2024