Adams v. Mills
New York Supreme Court
This was a motion by Defendant to vacate an order made by a county judge, to hold the Defendant to bail in an action for slander, and that the bail-bond executed to the sheriff under it be delivered up to be cancelled. The following are copies of the affidavits on which the order was made. Schoharie county, ss: Rufus Adams, being sworn, says, that Thos.
Read the full summary
This was a motion by Defendant to vacate an order made by a county judge, to hold the Defendant to bail in an action for slander, and that the bail-bond executed to the sheriff under it be delivered up to be cancelled. The following are copies of the affidavits on which the order was made. Schoharie county, ss: Rufus Adams, being sworn, says, that Thos. Mills did on the 31st day of December, 1847, make the following declarations concerning Joseph Adams, publicly, in a court room, in presence of twenty or more persons, namely, “Jo Adams (meaning Joseph Adams,) stole my glovesand immediately…
1Opinion of the Court
Parker, Justice.
It is stated in the notice of this motion served on the Plaintiff’s attorney, that the motion would be made “on the grounds that the affidavits upon which the order to hold to bail was allowed, are insufficient to make out a prima facie cause of action, and are insufficient to show that Defendant was about to leave the state, and also that they are irregular, being sworn to before the attorney for Plaintiff, as justice of the peace.” The Defendant has thus restricted himself so as to preclude his reading other affidavits, and no additional affidavits can, of course, be read on…
2Cases cited2 opinions
- Taylor v. HatchNew York Supreme Court · 1815
- Hallenback v. WhitakerNew York Supreme Court · 1819