Cromelines v. Beldens
New York Supreme Court
Motion to mitigate bail on an appeal from an order of the recorder of New-Yorb. The defendants were arrested on a' capias containing an ac-etiam clause demanding $60,000. They applied for an order for the plaintiff to shew cause of action, which he did to the amount of $30,000. The recorder of New-York then directed bail to be given in the sum of $45,000, each of the bail to justify in that amount, making in the aggregate the sum of $90,000. The defendant offered bail in…
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Motion to mitigate bail on an appeal from an order of the recorder of New-Yorb. The defendants were arrested on a' capias containing an ac-etiam clause demanding $60,000. They applied for an order for the plaintiff to shew cause of action, which he did to the amount of $30,000. The recorder of New-York then directed bail to be given in the sum of $45,000, each of the bail to justify in that amount, making in the aggregate the sum of $90,000. The defendant offered bail in $35,000, which was refused. An application is now made to the court to mitigate the bail ordered by the recorder.
1Opinion of the Court
By the Court,
Sutherland, J.
The general rule undoubtedly is, that bail must justify in double the amount contained in the writ, or in the order to hold to bail, if an order has been obtained; and the plaintiff may demand two bail. According to this rule, each of the'bail in this case would be required to justify in the sum of $90,000. Where the debt is large, this rule may operate, as has been suggested, oppressively, and it is the duty of the court to see that in the enforcement of their rales, oppression be avoided. The object of bail is the security of the plaintiff; and when that is…
2Cited by2 opinions
- State ex rel. Milliet v. AucoinSupreme Court of Louisiana · 1895
- Louis v. MitchellNew York Supreme Court · 1842