Thomas v. Bulkley
New York Supreme Court
The bail in this case having become fixed by a return of the ca. sa. in the original cause, of Thomas v. Coffield, a capias ad respondendum was issued to the sheriff of the 1 1 tity and county of New York, against the hail, and served, • returnable the 4th day of August last.
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The bail in this case having become fixed by a return of the ca. sa. in the original cause, of Thomas v. Coffield, a capias ad respondendum was issued to the sheriff of the 1 1 tity and county of New York, against the hail, and served, • returnable the 4th day of August last. On the 15th August, the bail received a letter from his principal, dated and bearing its postmark at Edenton, North Carolina, the 8th of August, (in reply to letters written by the bail on the 10th and 25th of July preceding, requesting him to surrender himself,) stating that he had been so ill with a fever, that he…
1Opinion of the Court
Curia.
We should, clearly, have enlarged the time to surrender this sick man, had his sickness been known to the bail, and disclosed to us within the eight days allowed, ex gratia, for surrender, after the return day of the capias against the bail; and the case would then have finally come to an exoneretur. The facts not being known to the bail within that time, he could neither obtain an order to stay proceedings, nor apply to the Court fd give the further time. He has, therefore, been guilty of no laches; and by ordering an exoneretur, we are only doing directly what would, had not…
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