Bensel v. . Lynch
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of the city of Yew York, affirming a judgment entered upon a verdict rendered by direction of the court, in favor of the plaintiff, upon exceptions heard at General Term in the first instance.
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Appeal from an order of the General Term of the Superior Court of the city of Yew York, affirming a judgment entered upon a verdict rendered by direction of the court, in favor of the plaintiff, upon exceptions heard at General Term in the first instance. In September, 1862, the plaintiff commenced an action in the Superior Court of Yew York against Plin White, and upon an affidavit, obtained from one of the judges of that ■court an order of arrest, directed to the sheriff of the city and -county of Yew York, requiring him to arrest White and hold ‘him to bail in the sum of $7,000. The…
1Opinion of the Court
Earl, C.
By virtue of an order of arrest, it is the duty of the sheriff to arrest the defendant and keep him in custody until he shall be discharged by law, unless he shall give bail or make a. deposit under sections 186, 187 of the Code. The undertaking of the bail is “ that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein.”
Section 201 provides : If, after being arrested, the defendant escape, or be rescued, or bail be not given or justified, or a deposit be not…
2Cases cited4 opinions
- Smith v. . KnappNew York Court of Appeals · 1864
- Metcalf v. . StrykerNew York Court of Appeals · 1864
- Gregory & Foot v. Levy & SedgwickNew York Supreme Court · 1852
- Jones v. CookNew York Supreme Court · 1823
3Cited by11 opinions
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Cabe & Hobson Ltd. v. SterlingNew York Court of Appeals · 1889
- Slagle v. BurdenAppellate Division of the Supreme Court of the State of New York · 1933
- Young v. StoneAppellate Division of the Supreme Court of the State of New York · 1898
- Tiffany v. HarveyAppellate Division of the Supreme Court of the State of New York · 1913
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