Baker v. Curtis
New York Supreme Court
This was an action against defendants as bail, -commenced on the 12th day of Hovember, 1855. Defendant Curtis answered on the merits, but omitted to apply for any extension of time in which to surrender his principal, Vandoler, until after the twenty days allowed for that purpose by section 191 of the Code had expired.
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This was an action against defendants as bail, -commenced on the 12th day of Hovember, 1855. Defendant Curtis answered on the merits, but omitted to apply for any extension of time in which to surrender his principal, Vandoler, until after the twenty days allowed for that purpose by section 191 of the Code had expired. On the 7th day of January, 1860, he surrendered his principal to the sheriff, and on such surrender moved to be exonerated as bail, on payment of the costs of the suit. He also showed diligence in arresting his principal, whom he had brought all the way from St. Louis to Hew…
1Opinion of the CourtAllen, J.
—The defendant Curtis became absolutely fixed as the bail of Yandoler by the failure of the latter to comply with the undertaking given on his arrest, and the omission of the bail to surrender his principal within twenty days after the commencement of the action against him. (Code, §§ 187, 191.) The time for the surrender of the principal might, upon good cause shown, have been extended by the court at any time during the twenty days allowed ex gratia for the surrender; and probably after the lapse of that time a surrender might be permitted upon a clear case being made, which would have…
2Cases cited4 opinions
- Olcott v. LillyNew York Supreme Court · 1809
- Gilbert v. Bulkley & ChaflinThe Superior Court of New York City · 1853
- Rathbone v. WarrenNew York Supreme Court · 1809
- Thomas v. BulkleyNew York Supreme Court · 1825
3Cited by2 opinions
- Brady v. . BrundageNew York Court of Appeals · 1874
- Brady v. BrundageNew York Court of Appeals · 1874