People of the State of N.Y. v. . Tweed
New York Court of Appeals
Appeal from an order of the General Term of th,e Supreme Court in the first judicial department, affirming an order denying a motion made on behalf of defendant Tweed to vacate an order of arrest or to reduce the amount of bail. This action was brought under the act, chapter 49, Laws of 1875, to recover moneys alleged to have been fraudulently and unlawfully obtained from the corporation of the city of New York by defendant Tweed and others.
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Appeal from an order of the General Term of th,e Supreme Court in the first judicial department, affirming an order denying a motion made on behalf of defendant Tweed to vacate an order of arrest or to reduce the amount of bail. This action was brought under the act, chapter 49, Laws of 1875, to recover moneys alleged to have been fraudulently and unlawfully obtained from the corporation of the city of New York by defendant Tweed and others. The amount claimed was over §6,000,000. It appeared by the moving papers that defendant Tweed was held to bail in the sum of $3,000,000. A warrant of…
1Opinion of the Court
Church, Ch. J.
The questions presented on this appeal
are:
First. Whether the defendant can be held to bail in a second action commenced for the same cause of a previous action discontinued.. The defendant invokes the maxim, “Nemo debit bis vexari pro una et eadem causa.” (3 Moore, 607.)
Assuming that this is for the same cause of action as the previous action, it is always a question of fact depending upon circumstances whether the second action is vexatious. When such is the fact the general rule is that the defendant shall not be again arrested, otherwise he may be. The exemption is not a…
2Cases cited3 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- Porter v. Porter Bros.Court of Appeals of Texas · 1884
3Cited by16 opinions
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Altschul v. . LudwigNew York Court of Appeals · 1916
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Ex Parte MalleyNevada Supreme Court · 1927
- People v. . O'BrienNew York Court of Appeals · 1913
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