Doremus v. Kinney
New York Supreme Court
The defendants were arrested at the suit of the plaintiffs on a capias ad respondendum in trover, by the sheriff of the city and county of New-York, and committed to prison for want of bail. They obtained from the circuit judge an order that the plaintiffs show cause of action, and why the defendants should not be discharged on filing common bail; or why the amount of bail should not be mitigated.
Read the full summary
The defendants were arrested at the suit of the plaintiffs on a capias ad respondendum in trover, by the sheriff of the city and county of New-York, and committed to prison for want of bail. They obtained from the circuit judge an order that the plaintiffs show cause of action, and why the defendants should not be discharged on filing common bail; or why the amount of bail should not be mitigated. After hearing the parties, the judge made an order mitigating bail; but refused to discharge the defendants altogether. The defendants now move, without any reference to the proceedings before the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Trover is an action in which the defendant may be held to bail as a matter of course. (2 R. S. *179348, § 7.) And in such cases, if the defendant wishes relief, he is not at liberty to come here in the first instance; but must apply to a judge at chambers for an order that the plaintiff show cause of action, or that the bail be mitigated. (Smith v. Newell, 7 Wend. 484.) And if either party is dissatisfied with the decision of the judge, the matter should be brought up by way of appeal. It cannot be proper to come here by way of original application. The case of…
2Cases cited2 opinions
- Smith v. NewellNew York Supreme Court · 1832
- Watkinson v. LaughtonNew York Supreme Court · 1809