Rathbone v. Warren
New York Supreme Court
'THIS was an action of debt brought against the defendant as bail of one Warren. A capias ad respondendum was issued against the defendant, who resided at Albany, returnable the third day of the term, being 3d May, on which he was arrested on the 2d May. 'The defendant, in bis affidavit, stated, that until the 6th May, he supposed that the writ was returnable on the last day of this term, and that he should have until the next term to surrender the principal.
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'THIS was an action of debt brought against the defendant as bail of one Warren. A capias ad respondendum was issued against the defendant, who resided at Albany, returnable the third day of the term, being 3d May, on which he was arrested on the 2d May. 'The defendant, in bis affidavit, stated, that until the 6th May, he supposed that the writ was returnable on the last day of this term, and that he should have until the next term to surrender the principal. That the principal was absent, and out of the state, at the distance of more than 150 miles from Albany, so that it was not possible to…
1Per curiam
In the case of Boardman v. Fowler, the bail was prevented by sickness from making ’the surrender in time. The excuse offered by the defendant is not sufficient. The motion must be denied.
Rule refused.
2Cited by3 opinions
- Scully v. KirkpatrickSupreme Court of Pennsylvania · 1875
- Town of Pownal v. MyersSupreme Court of Vermont · 1844
- Baker v. CurtisNew York Supreme Court · 1860