Benson v. Bennett
Supreme Court of New Jersey
The defendant was arrested by the sheriff of Mercer upon writs of capias ad respondendxtm out of this court, in four actions, two in favor of each of the above plaintiffs, bail in the sum of $2000 having been ordered in each case by a judge, and the defendant applied to be discharged upon comino» bail for alleged defects in the affidavits upon which the or dér for bail was founded.
1Opinion of the Court
The opinion of the court was delivered by
Ryeeson, J.
These are actions for malicious prosecution ; the affidavits on file, upon which bail was ordered. *167were sworn to by the respective plaintiffs, and enough of their contents for a correct understanding of the case will. be stated.
It was objected—
First. That they did not state the residence of the deponent.
Second. That it does not appear, by the affidavits, where they were made.
Third. That the cause of acdon was stated by way of recital, and not of positive averment.
Fourth. That in actions for malicious prosecution bail cannot under any…
2Cases cited5 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1807
- Van Vechten v. HopkinsNew York Supreme Court · 1807
- Clason v. GouldNew York Supreme Court · 1804
- Norton v. BarnumNew York Supreme Court · 1823
- Collier v. MoultonNew York Supreme Court · 1810