Boardman v. Fowler
New York Supreme Court
A motion was made, in behalf of the defendant, to stay-' the proceedings on the recognizance of bail, and for leave to enter an exoneretur on the bail-piece. It appeared that the defendant was arrested, in this suit, on the 17th of April; that he fell sick on the 21-st of April, and continued ill for ten days ; and the principal was surrendered on the 26th, by an agent of the defendant, he being unable to attend for that purpose.
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A motion was made, in behalf of the defendant, to stay-' the proceedings on the recognizance of bail, and for leave to enter an exoneretur on the bail-piece. It appeared that the defendant was arrested, in this suit, on the 17th of April; that he fell sick on the 21-st of April, and continued ill for ten days ; and the principal was surrendered on the 26th, by an agent of the defendant, he being unable to attend for that purpose. It was objected, that the surrender was not made within eight days after the return of the capias against the bail, and that the surrender was made by an agent of…
1Opinion of the Court
* Per Curiam.
The sickness of the defendant was a sufficient excuse for not making the surrender within the eight days. It appears, by a certificate of the sheriff, that the principal surrendered himself, and we are to presume that it was done voluntarily, so there is no ropm for the objection as to an agent;. but if that were a question now to be decided, we are inclined to think, that special bail may, ex necessitate, depute.(b)
Rule granted.
Strang v. Barber, supra, 329, n. 1(a) It will not avail the bail to show that the principal died before the execution was returned into the clerk’s…
2Cases cited2 opinions
- Stafford v. ColeNew York Supreme Court · 1800
- Warner v. HaydenNew York Supreme Court · 1829
3Cited by1 opinion
- Bank of Geneva v. ReynoldsNew York Supreme Court · 1860