Hayes v. Carrington
The Superior Court of New York City
Motion to exonerate bail. On the 16th of August, 1858, an action was commenced in this court against O. H. Berryman, and an order of arrest was obtained against him. The action was for an assault and battery. Upon that arrest the present defendants, Carrington and Kirby, entered into an undertaking together with Berryman, dated August 25, 1858, engaging that Berryman should at all times render himself amenable to the process of the court during the pendency of the action.
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Motion to exonerate bail. On the 16th of August, 1858, an action was commenced in this court against O. H. Berryman, and an order of arrest was obtained against him. The action was for an assault and battery. Upon that arrest the present defendants, Carrington and Kirby, entered into an undertaking together with Berryman, dated August 25, 1858, engaging that Berryman should at all times render himself amenable to the process of the court during the pendency of the action. On the 6th of October, 1860, judgment was recovered against Berryman in the sum of $1,729.15. On the 9th of October, 1860,…
1Opinion of the CourtHoffman, J.
—Two differing constructions of this section are contended for by the respective counsel. It may be that the twenty days on the extended time allowed by an order applies only to the cases of a surrender; it may also be that it is referable to each case for exoneration enumerated in the section. It will first be necessary, in obtaining a true interpretation, to ascertain how the law stood before the Code.
In England, the death, at any stage of a suit before the return of the capias ad satisfaciendum against the principal, gave the right to an exoneration; but the court refused to relieve the…
2Cases cited4 opinions
- Olcott v. LillyNew York Supreme Court · 1809
- Davidson v. TaylorSupreme Court of the United States · 1827
- Stever v. SombergerNew York Supreme Court · 1838
- White v. BlakeNew York Supreme Court · 1840