Gillespie v. White
New York Supreme Court
IN ERROR, to the Mayor’s Court of the city of New-York. The defendant in error, brought an action of debt on a recognizance of bail, against the plaintiff in error, in the Court below. The declaration stated, that the defendant in the Court below, became special bail in an action pending in that Court, for one William Swann; and that a judgment was rendered against Swann, for damages and costs, which he had not paid, nor rendered himself in custody.
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IN ERROR, to the Mayor’s Court of the city of New-York. The defendant in error, brought an action of debt on a recognizance of bail, against the plaintiff in error, in the Court below. The declaration stated, that the defendant in the Court below, became special bail in an action pending in that Court, for one William Swann; and that a judgment was rendered against Swann, for damages and costs, which he had not paid, nor rendered himself in custody. The defendant below pleaded, that according to the -course and practice of the Mayor’s Court, all writs of ca. sa. to charge bail, should be left…
1Opinion of the CourtSpencer, J.
The plaintiff relies on two grounds for reversing the judgment: 1. That the ca. sa. did not lie four days, exclusively, before the return day, in the sheriff’s office; and, 2. That there is no averment in the declaration that a ji,fa. had been issued against the principal.
*120Without entering into the question, whether the bail can p]ea¿ that a ca. set. against the principal did not lie four days in the sherifl’s office. The replication states that fact; it gives us the means of computing; it was delivered to the sheriff on the 15th, returnable on the 19th of September, and was then returned non…
2Cited by7 opinions
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- Rand v. RandSuperior Court of New Hampshire · 1828
- United States v. StaffordU.S. Circuit Court for the District of Northern New York · 1871
- Gallarati v. . OrserNew York Court of Appeals · 1863
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