Stage v. Stevens
Court for the Trial of Impeachments and Correction of Errors
The defendant, an' attorney of this court, was held to bail by an order of a supreme court commissioner, in an action of assumpsit, for money collected and received by him for the plaintiff as such attorney. On a subsequent day the order was vacated by the commissioner, and the defendant was directed to be discharged on filing common bail;. from which order an appeal was taken to this court.
1Opinion of the Court
By the Court, Beardsley, J.
It was urged that since the passage of the act to abolish imprisonment for debt, passed in 1831, an attorney cannot be held to bail in an action for the recovery of money collected by him ; and on this principle, it is understood, the order to hold to bail was vacated. In this I think the commissioner erred. The first section of the act {Laws 1831, f. 396) provides, that “ no person shall be arrested or imprisoned,” in any suit or proceeding for the recovery of money due upon contract, and in its general terms would therefore embrace this case. But the next section…
2Cases cited1 opinion
- Bohanan v. PetersonNew York Supreme Court · 1833
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