People, Ex Rel. Gilbert v. . Laidlaw
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 29,1886, which reversed a judgment entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 29,1886, which reversed a judgment entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the material facts are stated in the opinion. Assuming that the $300 belonged to Gilbert, by depositing it in lieu of bail, he made it subject to all the contingencies which the statute provides shall attend moneys so deposited, and is chargeable with knowledge of the statute under which he made the deposit and by virtue of which alone such a deposit could be…
1Opinion of the CourtEarl, J.
Charles Hye, having been arrested in the city of Hew York on the charge of assault, was held to bail by a police justice in the sum of $300 for his appearance for trial at the Court of Special Sessions. The relator, Gilbert, was offered as bail, but for some reason was not accepted, and he then deposited with the county treasurer $300, the amount of bail required, and took from him the following certificate signed by him: “ Whereas, heretofore, and on the 30th day of December, 1884, an order was made by Justice Smith, first district police, admitting the above-named defendant to bail on…
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