Louis v. Mitchell
New York Supreme Court
Justification of bail. The amount of bail required by the copias issued in this cause was mitigated by the recorder of New-York to $1000. Special bail was-then put in, and having been excepted to, were allowed by the recorder to justify on proof of their being each worth the sum of $1000. The plaintiff objected that the justification was insufficient, and appealed to this court.
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The settled practice of this court is to require each of the bail to justify in double the amount ordered. In Cromelines ads. Beldens, (1 Wend. 107,) this practice was departed from, but the case was made an exception to the general rule .on account of the magnitude of the demand; and the learned judge who delivered the opinion of the court expressly repudiated the intention of making it a precedent in ordinary cases. Perhaps the rule of the K. B. in England, which requires a justification to the extent of only 1000l. more than the debt sworn to when that amounts to…
2Cases cited1 opinion
- Cromelines v. BeldensNew York Supreme Court · 1828