Merritt v. Thompson
New York Court of Common Pleas
Appeal from an order at special term, discharging the defendant’s bail. This was an application by'the defendant’s bail for their discharge, upon the ground that the defendant was dead. It was shown by an affidavit, which was not controverted, that the defendant was master of the ship Helena. That he sailed with that vessel from this port in November, l:854j on a voyage to Melbourne, Australia.
Read the full summary
Appeal from an order at special term, discharging the defendant’s bail. This was an application by'the defendant’s bail for their discharge, upon the ground that the defendant was dead. It was shown by an affidavit, which was not controverted, that the defendant was master of the ship Helena. That he sailed with that vessel from this port in November, l:854j on a voyage to Melbourne, Australia. That, after arriving at Melbourne, he. sailed from that port to various ports in- the Chinese seas, an.d; was, in the summer- of 1856, at Hong Kong, in China. That- a,., letter was received from him at…
1Opinion of the Court
Daly, Fiust Judge.
— There is nothing in the notice of motion showing that the application was made by the defendant through his attorney, and unless that fact appears upon the face of the papers, we will assume, upon the appeal, that it was made by the bail or on their behalf, they having, undoubtedly, the right to make it.
The objection, that the affidavit does not state what the bail bond or undertaking was, nor who were bail, is a mere formal and preliminary objection, not involving the melts of the mo tion, and we must be satisfied that that objection was taken below *553when tbe motion was…
2Cited by12 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- In re Estate of BellesheimNew York Surrogate's Court · 1888
- Czech v. Bean, New York County Courts1901
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1947
- In re the Judicial Settlement of the Account of DavenportNew York Surrogate's Court · 1902
7 more not listed; retrieve them via the Exa API.