People ex rel. Tomb v. Judges of the county of Washington
New York Supreme Court
An alternative mandamus was granted in January term last, requiring the defendants to vacate a rule granted by ^lem’ prohibiting Tomb from appearing in a cause brought into the Court of Common Pleas of Washington county by appeal from a Justice’s Court, by Tomb, as appellant, against one Munson, as appellee.
Read the full summary
An alternative mandamus was granted in January term last, requiring the defendants to vacate a rule granted by ^lem’ prohibiting Tomb from appearing in a cause brought into the Court of Common Pleas of Washington county by appeal from a Justice’s Court, by Tomb, as appellant, against one Munson, as appellee. The Judges returned that the cause in the Justice’s Court was by Munspn, plaintiff, against Tomb, defendant; that the Justice rendered judgment against Tomb, for $25,06, besides costs—whereupon Tomb appealed ; that to the return of the Justice was annexed a bond of the appellant, and one…
1Opinion of the Court
Curia.
The proceedings of the Common Pleas were altogether irregular. The statute prescribes what security shall be given to ensure a hearing; and that when the Court of Common Pleas become possessed of the cause, they shall, upon application of either party, and by rules adapted to the case, cause the parties to proceed, with all reasonable diligence, to the hearing of the cause. They cannot require additional security beyond that prescribed in the statute. Suppse a defendant gives bail, who justify.: These bail become insolvent before trial : Was it ever heard or *579thought of, that the Court…
2Cited by4 opinions
- Mellen v. HutchinsMonroe County Court · 1880
- Flint v. Van DeusenNew York Supreme Court · 1881
- Mellen v. Hutchins, New York County Courts1880
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881