Judson v. Jones
New York Supreme Court
The defendant was arrested upon a bailable capias, returnable in May term, and committed to actual custody, for the want of bail. The plaintiff did not declare before the end of the July term, which closed on the second day of August, and the defendant thereupon obtained an order from a circuit judge for the plaintiff to show cause before him, why the defendant should not be discharged from imprisonment and have judgment of discontinuance.
Read the full summary
The defendant was arrested upon a bailable capias, returnable in May term, and committed to actual custody, for the want of bail. The plaintiff did not declare before the end of the July term, which closed on the second day of August, and the defendant thereupon obtained an order from a circuit judge for the plaintiff to show cause before him, why the defendant should not be discharged from imprisonment and have judgment of discontinuance. The plaintiff showed for cause, that on the sixth day of August a declaration was served on the attorneys of the defendant. The circuit judge was of…
1Opinion of the Court
*210 By the Court,
Savage, Ch. J.
By the revised statutes, 2 R. S. 350, § 22, 23, when the sheriff shall return a defendant in custody, for want of bail upon bailable process, the plaintiff shall declare against such defendant before the end of the term next after such process was returnable, and serve the declaration in the manner therein directed; then follows this clause : “ If such declaration be not served as herein proscribed, the defendant shall be discharged from his imprisonment, and shall be entitled to judgment of discontinuance against the plaintiff.” This clause is not contained in any…
2Cited by2 opinions
- People v. Long Island RailroadNew York Supreme Court · 1858
- Thomas v. CurtisNew York Supreme Court · 1839