Hall v. Emmons
The Superior Court of New York City
Appeal from an order made at Special Term by Ohief-Jnstice Barbour. The action was brought upon an undertaking executed by the defendants John Emmons, Jr., and Hanford Smith, upon the arrest of the defendant James L. Paine, under an order of arrest granted in an action wherein the plaintiff herein was plaintiff and the defendant James L. Paine was defendant.
Read the full summary
Appeal from an order made at Special Term by Ohief-Jnstice Barbour. The action was brought upon an undertaking executed by the defendants John Emmons, Jr., and Hanford Smith, upon the arrest of the defendant James L. Paine, under an order of arrest granted in an action wherein the plaintiff herein was plaintiff and the defendant James L. Paine was defendant. Upon affidavits showing that said James L. Paine, had surrendered himself to the sheriff, without disclosing, however, the precise time of such surrender, and that he was insolvent, the defendants in this action, on the 27th day of…
1Opinion of the Court
By the Court:
Freedman, J.
In the case of the Bank of Geneva v. Reynolds, 33 N. Y., 160, the Court of Appeals held that an order allowing bail to surrender the principal in their exoneration is appealable, for the reason that it affects a substantial right, and in effect determines the action and prevents *399a judgment from which an appeal might be taken. Such being the law of this case, and it appearing from the record that the first motion was made upon substantially the same, if not stronger grounds, as the second motion, I am of the opinion that the order appealed from, which granted under the…
2Cases cited6 opinions
- United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Mithell v. AllenNew York Supreme Court · 1835
- Bank of Geneva v. . ReynoldsNew York Court of Appeals · 1865
- Allen v. GibbsNew York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.