Tompkins v. Curtis
New York Supreme Court
Error from the Common Pleas of Onondaga county. Curtis sued Tompkins before a Justice of that county arid recov ered judgment. Tompkins thereupon appealed to (he Common Pleas, and Nathaniel Tompkins, one of the witnesses before the Justice, became security for the appellant, and signed the bond to prosecute the appeal, &c.
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Error from the Common Pleas of Onondaga county. Curtis sued Tompkins before a Justice of that county arid recov ered judgment. Tompkins thereupon appealed to (he Common Pleas, and Nathaniel Tompkins, one of the witnesses before the Justice, became security for the appellant, and signed the bond to prosecute the appeal, &c. On the trial in the Common Pleas, the appellant wishing to have Nathaniel Tompkins sworn for him. moved the Court to have him dis-r ‘ charged from his bond, which had been duly returned by the Justice and filed with the Clerk, that other security might be substituted; and…
1Opinion of the Court
Curia,
per Sutherland, J.
The Court erred in refusing to permit another surety to be substituted. There cannot be a doubt that the person so substituted would be liable upon the bond, so that no possible injury could result from the change. The power of the Court to grant the application is clear. They were fully possessed of the cause. The bond, with the other papers and proceedings, had been returned and filed with the Clerk. The surety was in the nature of bail, whom it is the established practice of the Courts to discharge upon other bail being substituted, when the first is a material…
2Cited by5 opinions
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