Suydam v. Smith
Court for the Trial of Impeachments and Correction of Errors
On the last motion day of this term, Stevens, for the defendants, presented their petition setting forth that they were citizens and residents of the state of Ohio, and that one of them was arrested by the sheriff of Erie county, at Buffalo in this state, on the 7th of February last, upon a capias issued out of this court at the suit of the plaintiffs, who are citizens of this state resident in the city of New-York, returnable on the first day of this term, in an action of…
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On the last motion day of this term, Stevens, for the defendants, presented their petition setting forth that they were citizens and residents of the state of Ohio, and that one of them was arrested by the sheriff of Erie county, at Buffalo in this state, on the 7th of February last, upon a capias issued out of this court at the suit of the plaintiffs, who are citizens of this state resident in the city of New-York, returnable on the first day of this term, in an action of trover; that the defendant so arrested was held to bail in the sum of $30,000, and, that the matters in dispute exceed…
1Per curiam
The suit is against three defendants, all of whom join in the petition, and although the capias was served but upon one, an appearance .must be entered for all. We are of opinion that special bail need not be put in in this court, although it is a bailable action. The terms “ entering an appearance,” used in the act of congress, are not appropriate words to indicate the putting in of bail. They simply mean that the defendant shall, by entering his appearance, concede that the state court has full jurisdiction over him. Besides, the section provides that the defendant, in order to effect a…
2Cases cited4 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Redmond v. RussellNew York Supreme Court · 1815
- Jackson ex dem. Cantine v. StilesNew York Supreme Court · 1809
- Corp v. VermilyeNew York Supreme Court · 1808
3Cited by3 opinions
- Eddy v. Chicago & N. W. Ry. Co.District Court, W.D. Wisconsin · 1915
- Norton v. HayesNew York Supreme Court · 1847
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871