Murray v. Buck
New York Supreme Court
This was a motion to supersede a writ of error, for the cause that the sureties of the plaintiff in error, in their affidavit of justification, did not state that they were each of them worth double the amount of the penalty of the bond filed upon the suing out of the writ of error; the affidavit stated that they were each worth the sum specified in the penalty.
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This was a motion to supersede a writ of error, for the cause that the sureties of the plaintiff in error, in their affidavit of justification, did not state that they were each of them worth double the amount of the penalty of the bond filed upon the suing out of the writ of error; the affidavit stated that they were each worth the sum specified in the penalty. In opposition to the motion, it was urged that the statute, 2 R. S. 597, § 35, ought not to receive a literal construction ; that previous to the revision, all that was required on the suing out of a writ of error was, that the…
1Opinion of the Court
But,
by the Chief Justice,
the law is positive in its requirements ; and though the security seems unreasonable in amount, we cannot gainsay the statute; the remedy must be applied by the legislature. The party here should not, however, lose his writ of error, and we therefore will give him time to justify anew, on paying the costs of this motion.
2Cited by1 opinion
- Kelly v. Moody & DarbyNew York Supreme Court · 1844