Parker v. Ogden
Supreme Court of New Jersey
OH CERTIORARI. Affidavit for bail, must state cause of action, and be filed before writ issue. The defendant, a citizen of New York, was arrested on a napias ad respondendum, in June last, in the county of Middlesex, and in virtue of our act of Assembly, Pat. 348, held to bail on the following affidavit: A supplemental affidavit was made the 31st October, and also counter affidavits.
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OH CERTIORARI. Affidavit for bail, must state cause of action, and be filed before writ issue. The defendant, a citizen of New York, was arrested on a napias ad respondendum, in June last, in the county of Middlesex, and in virtue of our act of Assembly, Pat. 348, held to bail on the following affidavit: A supplemental affidavit was made the 31st October, and also counter affidavits. A rule had been obtained on the part of the defendant, [*] calling on the plaintiff to show cause why the defendant should not be discharged on common bail. [108] This cause was called on its turn in the paper,…
1Opinion of the CourtKirkpatrick, C. J.
— Said, that he put his opinions on two points: First, That the affidavit ought to contain the cause of action, and to state it with it with so much particularity, as that it may appear, not only that there is a debt, *140but that there is a debt actually due, for which au arrest may lawfully be made. Second, That the affidavit should be filed before the defendant is arrested; that this is required by the act of Assembly, and that for the purpose of prosecuting the plaintiff for perjury, in case it was false. He would not give any opinion as to the total exclusion of supplemental affidavits ;…
2Cases cited1 opinion
- Cook v. HaggartySupreme Court of Pennsylvania · 1859