Brady v. Brundage
New York Court of Appeals
Appeal from order óf the General Term of the Supreme Court in the second judicial department, affirming an order of .Special Term exonerating defendant, as bail of one John J. McGurk, and dismissing the complaint on payment of ■ costs. (Eepovted below, 2 FT. Y. S. C. [T. & 0.], 621.) The plaintiff commenced an action against said John J. McGurk, in which she procured an order of arrest.
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Appeal from order óf the General Term of the Supreme Court in the second judicial department, affirming an order of .Special Term exonerating defendant, as bail of one John J. McGurk, and dismissing the complaint on payment of ■ costs. (Eepovted below, 2 FT. Y. S. C. [T. & 0.], 621.) The plaintiff commenced an action against said John J. McGurk, in which she procured an order of arrest. The defendant, then the sheriff of Westchester county, under this order arrested McGurk and took from him an undertaking' signed by two sureties, who failed to justify on their being excepted to by plaintiff.…
1Opinion of the Court
Per Ouriam.
If the order appealed from was within the power of the court, its discretion in exercising that power is not re viewable by us. By section 201 of the Code of Procedure, it is enacted that, after the arrest of a defendant, if bail be not given, or justified, the sheriff shall himself be liable as bail. It is insisted on the part of the appellant that, by the true construction of this section, the sheriff is made liable as bail, and becomes, thereby, absolutely liable, and is not entitled to discharge the liability, in the various modes allowed to bail. We do not consider this the…
2Cases cited6 opinions
- Metcalf v. . StrykerNew York Court of Appeals · 1864
- Cozine v. . WalterNew York Court of Appeals · 1873
- McKenzie v. . SmithNew York Court of Appeals · 1871
- Gilbert v. Bulkley & ChaflinThe Superior Court of New York City · 1853
- Seaver v. GennerNew York Supreme Court · 1858
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