People ex rel. Boyden v. Superior Court
New York Supreme Court
Special bail. The superior court of the city of New-York ordered an ex oneretur to be endorsed on a bail piece under these circumstances : On the 15th January a declaration was served de bene esse, in a suit commenced by the relators by capias. On the 25th January special bail was put in, and notice thereof given to the plaintiffs’ attorney, who on the next day excepted to the bail, and gave notice of exception.
Read the full summary
Special bail. The superior court of the city of New-York ordered an ex oneretur to be endorsed on a bail piece under these circumstances : On the 15th January a declaration was served de bene esse, in a suit commenced by the relators by capias. On the 25th January special bail was put in, and notice thereof given to the plaintiffs’ attorney, who on the next day excepted to the bail, and gave notice of exception. On receiving notice of exception, the attorney for the defendant applied to the plaintiffs’ attorney to withdraw the exception, who agreed to do so if his clients would consent, and…
1Opinion of the Court
By the Court, Nelson, Ch. J.
In Flack v. Eager, 4 Johns. R. 185, the proceedings against the bail were set aside, and an exoneretur ordered ; but there the exception had never been waived, or erased. In The People v. Judges of Onondaga, 1 Cowen, 54, after the exception, the plaintiffs being indemnified against the insufficiency of the bail, served notice of waiver, received a plea, and proceeded to judgment. The common pleas refused to order an exoneretur, and this court compelled them to make such order. It does not appear whether the notice of waiver was after the time for justification or…
2Cases cited1 opinion
- Lawrence v. GrahamNew York Supreme Court · 1833
3Cited by2 opinions
- Seidman v. FinkelsteinAppellate Terms of the Supreme Court of New York · 1912
- McIntyre v. BorstNew York Court of Common Pleas · 1864