Sartos v. Merceques
New York Court of Common Pleas
This action was to recover the possession of personal property;. The" defendant was arrested by the sheriff, andón giving the usual bail was discharged from arrest. The hail afterward failed to justify, and-the sheriff rearrested the defendant. He now moved to be discharged from arrest, and if not, that the sheriff be directed to admit him to the liberties of the jail, on.giving proper security.
1Opinion of the Court
Ingraham, First Judge.
The defendant was arrested by the sheriff, under the .third subdivision'of sectionY19 of the Code. The action was for the recovery of personal property. Upon the arrest, the defendant gave bail- to the ■ sheriff, and was discharged by him; but on the failure of thé bail to justify, the sheriff rearrested the defendant; He now moves to be discharged from arrest, and if that is 'denied, he moves for an order that the sheriff admit him, on giving bail; to the liberties of the jail. -Under the former practice, the sheriff was liable if the sureties did not justify, in the…
2Cited by3 opinions
- Metcalf v. . StrykerNew York Court of Appeals · 1864
- Douglas v. WarrenNew York Supreme Court · 1879
- Douglass v. WarrenNew York Supreme Court · 1879