Cayuga County Bank v. Warfield

E. Darwin Smith, Justice.

When I granted the order for the plaintiff to show cause why the order of arrest in this cause should not be discharged, I intimated to the counsel who applied for it that I doubted whether I had any power to hear the application at chambers.

On hearing the parties, the point being discussed, I have come to the conclusion that I have no such power. Section 204 of the Code is as follows:—

“ A defendant arrested may at any time before justification of bail apply, on motion, to vacate the order of arrest or to reduce the amount of bail.”

The application to vacate the order…