Ex parte Badgley
New York Supreme Court
ON habeas corpus to the sheriff of Oolumbia. Two suits were commenced, and judgments obtained in this court against Badgley; in both of which Wager became special bail. In one, a Ca. sa. issued; and the defendant being arrested by the sheriff of Columbia, Wager became surety for the jail liberties; whereupon Badgley escaped.
Read the full summary
ON habeas corpus to the sheriff of Oolumbia. Two suits were commenced, and judgments obtained in this court against Badgley; in both of which Wager became special bail. In one, a Ca. sa. issued; and the defendant being arrested by the sheriff of Columbia, Wager became surety for the jail liberties; whereupon Badgley escaped. Wagei pursued, took and surrendered him to the custody of the sheriff of Columbia, claiming to do so in virtue of corn~?rn~ttiturs indorsed on both of the original bail pieces, and as surety for the liberties. Badgley was accordin~y detained in close custody, having…
1Opinion of the Court
Curia.
We agree with counsel, that we may discharge as to imprisonment upon the ca. sa. though it be regular upon the committitur in the other suit. The bail piece which was followed by the ca. sa. had lost its force by an imprisonment of the body upon that writ; and there was no right to surrender upon the limit bond. This creates the relation of principal and surety, not of principal and bail. The latter relation is necessary to warrant a surrender. We are not aware that this rule has ever been departed from, except in the case mentioned as having been before the late judge Wan Hess, upon a…
2Cited by5 opinions
- Connors v. PrattUtah Supreme Court · 1910
- People v. PotterNew York Supreme Court · 1845
- People v. PotterNew York Circuit Court · 1846
- Prior v. BodrieMichigan Supreme Court · 1882
- Parker v. Bernstein, New York County Courts1925