Miles v. Clarke
The Superior Court of New York City
On exception to the bail put m by the defendant on his arrest in this action, and on appearance to justify, it appeared that the bail was a practising attorney of this Court and of the other Courts of this State. On that ground, the bail was rejected. (See Case and Opinion, 2 Bosw., 709.) From the order disallowing such bail, the defendant appealed to the General Term. I. Attorneys were not disqualified to be bail by the common law.
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On exception to the bail put m by the defendant on his arrest in this action, and on appearance to justify, it appeared that the bail was a practising attorney of this Court and of the other Courts of this State. On that ground, the bail was rejected. (See Case and Opinion, 2 Bosw., 709.) From the order disallowing such bail, the defendant appealed to the General Term. I. Attorneys were not disqualified to be bail by the common law. The practice of excluding attorneys is of recent date, and is founded entirely upon rules of the Court of King's Bench and Common Pleas. (George v. Barnsley, 1…
1Opinion of the Court
By the Court—Woodruff, J.
We are of opinion that the order appealed from should be affirmed, upon the grounds stated as reasons for the decision given by the Justice by whom the order was made. (2 Bosw., 709.)
We, therefore, think it unnecessary to enter into an extended discussion of the point decided.
It will be sufficient to notice some of the cases which were urged on our attention on the argument of the appeal.
Neither is it important to inquire into the antiquity of the rule which prohibited attorneys from becoming bail; but so early as in Michaelmas term, 1654’ it was ordered in the Court…
2Cases cited6 opinions
- Waring v. BaretNew York Supreme Court · 1824
- Craig v. ScottNew York Supreme Court · 1828
- Studwell v. PalmerNew York Court of Chancery · 1835
- Barnett v. PardowNew York Supreme Court · 1834
- Walker v. Holmes & LaunitzNew York Supreme Court · 1840
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