Kellogg v. Manro
New York Supreme Court
THIS was an action bf debt. The declaration stated that Manro became special bail for Brown, in the Onondaga court of common pleas, in January term, 1809, in an action of covenant brought by the plaintiff) &c.; that a judgment was recovered by the plaintiff in that suit, which remained of record, in full force, &c. 5 that the defendant, Brown, on the 11th December, 1809, surrendered himself before a judge, in discharge of his bail, and was thereupon committed to the. custody…
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THIS was an action bf debt. The declaration stated that Manro became special bail for Brown, in the Onondaga court of common pleas, in January term, 1809, in an action of covenant brought by the plaintiff) &c.; that a judgment was recovered by the plaintiff in that suit, which remained of record, in full force, &c. 5 that the defendant, Brown, on the 11th December, 1809, surrendered himself before a judge, in discharge of his bail, and was thereupon committed to the. custody of the sheriff; that, on *' the same day, both defendants executed a bail-bond to the sheriff) conditioned that Brown…
1Per curiam
If the bond stated in the declaration was author riZed by the act of 1801, (Laws, v. 1. p. 350.) then there cannot be a doubt of its having been duly assigned. The act directed the sheriffs to grant the liberties to all prisoners “ who should be in their custody on civil process only,” on taking the bond with requisite security. The term civil process was here used in contradistinction to criminal process. A person in custody, on surrender, in a civil Suit, is committed by a committitur under the hand of the judge, and is detained under the original process by which he was at first arrested.…
2Cited by7 opinions
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- Metcalf v. StrykerNew York Supreme Court · 1859
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