Renoard v. Noble
New York Supreme Court
This was an action of scire facias, on recognizance of bail, in which the defendant is described as “ Elnathan Noble, of the town of Pittsfield, yeoman.” ' The defendant pleaded, that another person of the same name and description became bail, and traversed that the defendant is the same person. The plaintiff replied that the defendant and the person described in the recognizance of bail are the same person, and issue was joined thereon.
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This was an action of scire facias, on recognizance of bail, in which the defendant is described as “ Elnathan Noble, of the town of Pittsfield, yeoman.” ' The defendant pleaded, that another person of the same name and description became bail, and traversed that the defendant is the same person. The plaintiff replied that the defendant and the person described in the recognizance of bail are the same person, and issue was joined thereon. At the trial of this cause, the defendant admitted his name and addition to be, as stated in the recognizance of bail, and that there was no other person of…
1Opinion of the CourtKent, J.
It was ad-rnitted by the plaintiff’s counsel, at the argument, that in case bail are personated, the court could direct a vacatur of the bail; and this appears to have been done in a variety of cases. (Cotton’s case, Oro. Jac. 256. Higham v. Barfold, 3 Keb. 694. Beasley’s case, T. Jones, 64.) The power of awarding a vacatur is exercised by the court in great discretion. They refuse it where, upon examination, the merits of the cause do not appear sufficiently dear ; (1 Ld. Raym. 445 ; 12 Mod. 257 ;) and sometimes stay it until the person personated has prosecuted to effect the person guilty…
2Cited by1 opinion
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