Clapp v. . Schutt
New York Court of Appeals
Appeal from an order of the General Term, in the first district, affirming a judgment in favor of the defendants, sustaining their demurrer to the complaint. The defendants demurred to the complaint in this action, on the ground that -it did -not state facts -sufficient -to constitute a cause of action.
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Appeal from an order of the General Term, in the first district, affirming a judgment in favor of the defendants, sustaining their demurrer to the complaint. The defendants demurred to the complaint in this action, on the ground that -it did -not state facts -sufficient -to constitute a cause of action. The complaint shows that on the "23d -day of May, -1862, the plaintiffs commenced an action in the Supreme Court against Smith M. Coope and-Fisher, and on that day Justice Barnard duly granted an order for the arrest of the defendants therein and holding them to bail in the sum of $500. That…
1Opinion of the Court
Earl, C.
It is claimed on the part of the defendants, that because the plaintiffs declined to accept the bail, and the bail failed to justify, the defendants ceased to be bail, and cannot be prosecuted as such, and this is the view taken of the case by the court below.
Section 187 of the Code provides for giving the bail. Section 192, requires the sheriff to deliver a copy of the undertaking to the plaintiff, and the plaintiff must, within ten days thereafter, decline to accept the bail, or he will be deemed to have accepted it, and the sheriff will be exonera ted. Section 193 provides for the…
2Cited by3 opinions
- Douglass v. WarrenNew York Supreme Court · 1879
- Haberstro v. BedfordNew York Supreme Court · 1887
- Haberstro v. BedfordNew York Supreme Court · 1887