Clark v. Niblo
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Clark sued Niblo in the common pleas of New-York on a recognizance of bail, Niblo being the special bail of one King In a suit commenced against King by Clark.
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Error from the supreme court. Clark sued Niblo in the common pleas of New-York on a recognizance of bail, Niblo being the special bail of one King In a suit commenced against King by Clark. The declaration in the suit against Niblo was entitled of February term, 1S2S. Niblo pleaded* 1. JY;Z debel; 2 The death of King before the suing out of a capias ad satisfaciendum, to wit, on the 20th January, 1828; and 3. Thai, after the recovery of the judgment against King, and before the return of a capias ad satisfaciendum thereupon, to wit, on the 1st December, 1827, the plaintiff gave license and…
1Opinion of the Court
By the Chancellor.
The plea of nil debet to an action of debt on recognizance of bail was clearly bad, even on general demurrer; although it would have been cured by verdict, had issue been taken on it. The action here is founded upon the records of the judgment and of the rrecognizance of bail, the existence of which, if properly put in issue, are triable by the court only; but by this plea they are mixed up with matters of fact to be tried by a jury. This by the old law could not be done, and such a plea was held bad in substance if demurred to, although good after verdict. Dring v. Respass,…
2Cases cited3 opinions
- McLemore v. PowellSupreme Court of the United States · 1827
- Fulton v. MatthewsNew York Supreme Court · 1818
- United States v. HowellU.S. Circuit Court for the District of New Jersey · 1826
3Cited by5 opinions
- Reese v. United StatesSupreme Court of the United States · 1870
- Dunham v. DownerSupreme Court of Vermont · 1858
- Ducas v. Federal Union Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Paulin v. KaighnSupreme Court of New Jersey · 1861
- Alderman & Council v. FinleySupreme Court of Arkansas · 1850