664 Bay Ridge Avenue Corp. v. Maresca

This action is one for breach of terms of a bond of bail for the release of defendant Cutrie from detention under an order for arrest in a civil proceeding.

The defense is a voluntary surrender by Cutrie. This, it appears, occurred at four p. M. on December 5, 1932. On that day, at two-forty-five p. m., the defendants served their answer to the complaint herein. By a stipulation defendants’ time in which to serve their answer had been extended to the 5th day of December, 1932. The defense is predicated upon section 865 of the Civil Practice Act, which in part reads: “ Or the defendant may…