Baker v. Swackhamer & Swackhamer
New York Supreme Court
Action for Libel. The defendants obtained an order to show cause why the order of arrest made in this action by the Hon. S. E. Johnson, county judge, should not be vacated or the bail required thereby be reduced. The motion to vacate is made upon the ground that no cause for requiring bail is set up in the affidavit presented to the county-judge.
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Action for Libel. The defendants obtained an order to show cause why the order of arrest made in this action by the Hon. S. E. Johnson, county judge, should not be vacated or the bail required thereby be reduced. The motion to vacate is made upon the ground that no cause for requiring bail is set up in the affidavit presented to the county-judge. It is conceded that the affidavit sets forth a cause of action, and that it does not contain any reason which would have justified the holding of the defendants to bail under the former system of practice.
1Opinion of the Court
Morse, Justice.
There is no doubt that the present is a case where, under our former practice, the defendants could not be held to bail. This is an action for libel, and cause of action is shown by the plaintiff’s affidavit, sufficient to justify an order of arrest, if it is not now necessary for that purpose to show some special cause for requiring bail. The good sense and practical utility of the former rule, I have' never heard questioned any where. But it has been thought wise by the legislature to extend the power of plaintiffs to arrest and hold to bail, in this class of actions. That…
2Cited by2 opinions
- Smith v. SpaldingThe Superior Court of New York City · 1864
- Morris v. GraberCity of New York Municipal Court · 1932