Legal Opinion

Cornell v. Reynolds

New York Supreme Court

Decided August 15, 1823PublishedCited by 1 opinion

Certiorari to a Justice’s Court. In debt, by Reynolds against Cornell, in the Court below, it appeared that Reynolds had sued one Henry Locy, by warrant, before Joseph Stewart, a Justice, in 1820 ; that Cornell became bail for Locy, for an adjournment, pursuant to the 4th section of the “ act for the recovery of debts to the value of 25 dollars.” (Vid. 1 R. L. 389.) On the ádjourned day, the parties appearéd, and judgment was given for the plaintiff for $23,08, on a verdict.

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Certiorari to a Justice’s Court. In debt, by Reynolds against Cornell, in the Court below, it appeared that Reynolds had sued one Henry Locy, by warrant, before Joseph Stewart, a Justice, in 1820 ; that Cornell became bail for Locy, for an adjournment, pursuant to the 4th section of the “ act for the recovery of debts to the value of 25 dollars.” (Vid. 1 R. L. 389.) On the ádjourned day, the parties appearéd, and judgment was given for the plaintiff for $23,08, on a verdict. Immediately after the verdict was given, and before judgment was entered, Cornell, the bail, came forward and tendered…

1Opinion of the Court

Curia, per Savage, Ch. J.

It is urged, that the bail was discharged, by the appearance of the defendant, Locy, "(before Stewart, Justice) remaining during the trial, and the subsequent attempt to surrender him. The language of the act is, (a) “ And if the adjournment is required by the defendant, he shall give sufficient security to appear on the day to which the cause is adjourned ; and, in default of such appearance, to pay the debt, or damages, and costs, if judgment shall be given against him,” &c.

It appears to me, that the legislature intended to give the defendant the benefit of an…

2Cases cited1 opinion

  1. Dunham v. HeydenNew York Supreme Court · 1811

3Cited by1 opinion

  1. Lewis v. . StevensNew York Court of Appeals · 1883

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