Legal Opinion

Appleby v. Robinson

New York Supreme Court

Decided September 5, 1865PublishedCited by 4 opinions

OB the 24th of July, 1861, the plaintiff brought an action against one Marratt, in this court, and caused him to he arrested under the provisions of title 7, ch. 1 of the code. The defendants became hail for him, and he was discharged. On the 16th January, 1862, -judgment in that action was rendered in favor of the plaintiff, and these defendants became chargeable as his bail.

Read the full summary

OB the 24th of July, 1861, the plaintiff brought an action against one Marratt, in this court, and caused him to he arrested under the provisions of title 7, ch. 1 of the code. The defendants became hail for him, and he was discharged. On the 16th January, 1862, -judgment in that action was rendered in favor of the plaintiff, and these defendants became chargeable as his bail. The plaintiff, on the 17th day of July, 1862, commenced an action against the bail to recover the amount of the judgment so before rendered against Marratt. Judgment was recovered against them, execution issued, and hy…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

Upon the arrest of Marratt, the defendant in the orignial action, he was entitled *318to his discharge either upon giving bail or upon depositing the amount of money ($500) specified in the order of arrest. (§ 186 of Code.) Instead of depositing the amount of money specified in the order, he procured the defendants in this action to give the undertaking prescribed in section 187 of the code, in and by which they undertook and agreed that he,- the said Marratt, “ should at all times render himself amenable to the process of the court during the pendency of the…

2Cited by4 opinions

  1. Wemple v. GlavinNew York Supreme Court · 1879
  2. Culliford v. WalserAppellate Division of the Supreme Court of the State of New York · 1896
  3. Culliford v. WalserAppellate Division of the Supreme Court of the State of New York · 1896
  4. Culliford v. WalzerNew York Supreme Court · 1895

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API