Nicolls v. Ingersoli
New York Supreme Court
THIS was an action of trespass, assault, and battery, and for false imprisonment. The defendant pleaded the general issue, with liberty to give in evidence any matter of justification. At the trial, at the last Green circuit, the following 1 facts appeared in evidence.
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THIS was an action of trespass, assault, and battery, and for false imprisonment. The defendant pleaded the general issue, with liberty to give in evidence any matter of justification. At the trial, at the last Green circuit, the following 1 facts appeared in evidence. At a county court, held at New-Haven, in the state oí Connecticut, the third Tuesday of March, 1803, P. Edxuards became special bail for Nicolls, (the present plaintiff,) in a suit brought against him in that court, by M. Hotchkiss. The recognisance of bail was as follows: ' “ At a county court, held, &c. Be it remembered, that…
1Opinion of the CourtThompson, J.
Several questions were made on the argument of this case. The first in order was, whether bail could depute or authorize another person in his stead, to take and surrender his principal. In Boardman v. Fowler, (1 Johns. Cas. 314.) decided in this court, the surrender was made by an agent of the bail, and one of the objections taken to it was, that bail could not depute for this purpose. By the form of the' certificate, however, the principal appeared to have surrendered himself, and the court said they would presume it was done voluntarily. But if it had been necessary to decide the question,…
2Cited by19 opinions
- State v. MathisSupreme Court of North Carolina · 1998
- State v. NugentSupreme Court of Connecticut · 1986
- State v. . LingerfeltSupreme Court of North Carolina · 1891
- Carr v. SuttonWest Virginia Supreme Court · 1912
- Bushnell v. BushnellNew York Supreme Court · 1853
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