Legal Opinion
Bailey v. Warden
New York Supreme Court
Decided August 15, 1822PublishedCited by 1 opinion
MOTION to set aside a justification of special bail. It appeared that the Sheriff of the county of Steuben, together with another person, had become special bail for the defendant, on the return of the writ of habeas corpus cum causa, in this cause; and that both of them justified before a com~ missioner.
1Per curiam
We have decided that an attorney is not good bail, if excepted to; and, for the same reason, we think a Sheriff ought not to become bail; and such is the rule of the English Courts, which do not allow any person concerned in the process of the Court to become bail. We, therefore, grant the motion, (a)
Motion granted.
Vide 1 Dunl. Pr. 171. Str. 890. Doug. 466. 2 Bos. & Pull. 150. 15 Johns. Rep. 535.
2Cited by1 opinion
- Banks v. McDivittU.S. Circuit Court for the District of Southern New York · 1875