Barnard v. Viele
New York Supreme Court
Demurrer to declaration. The plaintiffs declared upon a bail bond executed by the defendants to relieve Viele, one of the defendants, from an arrest on a copias ad respondendum. In the declaration the condition of the bond was stated to be that Yiele “ should appear in a certain action commenced by the said writ by putting in special bail within twenty days after the return day specified in the said writ, according to the custom of our said court.”
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Demurrer to declaration. The plaintiffs declared upon a bail bond executed by the defendants to relieve Viele, one of the defendants, from an arrest on a copias ad respondendum. In the declaration the condition of the bond was stated to be that Yiele “ should appear in a certain action commenced by the said writ by putting in special bail within twenty days after the return day specified in the said writ, according to the custom of our said court.” The defendants craved oyer of the bond, and after setting it forth, by which it appeared that the condition thereof was, that Viele “ should…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The demurrer is well taken. The statutes prescribe the terms of the condition of the bail bond, and it must be complied with. It differs from the old statute, 1 R. L. 423, § 13. Although the terms *90prescribed in the new, were before, according to the practice of the court, necessarily to be complied with in performing the condition of the old bond, and therefore the old and new conditions would seem to be in legal effect the same, still the terms are now, by the statute, to be expressed in the condition, The legislature may have thought this useful, as advising the…
2Cited by6 opinions
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