Richardson v. Backus
New York Supreme Court
RUSSEL moved to set aside the capias ad satisfaciendum in this cause, for irregularity, and that the defendant be discharged from custody. From the affidavit it appeared that the rule for judgment was entered the 15th day of , 7 May last, and the judgment roll filed the 21st day of June.
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RUSSEL moved to set aside the capias ad satisfaciendum in this cause, for irregularity, and that the defendant be discharged from custody. From the affidavit it appeared that the rule for judgment was entered the 15th day of , 7 May last, and the judgment roll filed the 21st day of June. A recognizance of bail in error, had been duly entered into i.i February term last, and on the twenty-third day of June last, a writ of error was filed with the clerk of this court, and on the game day notice of the writ, and of the bail in error was served on the agent of attorney of the plaintiff, in Albany…
1Per curiam
The writ of error was a supersedeas to the execuíion. A recognizance taken before a judge at his chimbers, is a sufficient compliance with t >e directions of the act. Th iugh taken after the inquisition and before the rale for judgment, it is not vitiated. It was during the term, at which the inquisition was returned, and the motion made for judgment. The penalty was to the amount of the judgment, and the bail are estopped from gainsaying their recognizance. It will be deemed as taking effect fro n the judg neat. As the attorney of the plaintiff is supposed to have acted bona fide, we shall…
2Cited by1 opinion
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