Lewis v. . Stevens
New York Court of Appeals
Appeal from order of the General Term of the Superior' Court of the city of New York, made December 14, 1882, which reversed an order of Special Term denying a motion on the part of plaintiff, to open his default upon the justification of bail and to set aside the approval of the bail bond. An order of arrest was issued to the sheriff of the county of Yew York, under which defendant was arrested and held to bail.
Read the full summary
Appeal from order of the General Term of the Superior' Court of the city of New York, made December 14, 1882, which reversed an order of Special Term denying a motion on the part of plaintiff, to open his default upon the justification of bail and to set aside the approval of the bail bond. An order of arrest was issued to the sheriff of the county of Yew York, under which defendant was arrested and held to bail. A copy of the bail bond was served on plaintiff’s attorney, who served notice of exception. Due notice of justification of bail was given, and on the day specified no one appearing…
1Opinion of the Court
Ruger, Ch. J.
This is an appeal from an order of the General Term reversing an order of the Special Term denying a motion to open a default, taken upon a hearing for the justification of bail upon an arrest in the action.
The defendant and sheriff each had notice of the motion. Each appeared in opposition thereto and each appeals from the decision of the General Term.
It is provided by section 580 of the Code of Civil Procedure that for the purpose of justification each of the bail must attend before the judge at the time and place mentioned in the notice, and be examined on oath touching his…
2Cases cited3 opinions
- Trumbull v. HealyNew York Supreme Court · 1840
- Ballard v. . BallardNew York Court of Appeals · 1859
- Cornell v. ReynoldsNew York Supreme Court · 1823
3Cited by2 opinions
- Clegg v. CramerNew York Supreme Court · 1886
- Spellman v. SpellmanAppellate Division of the Supreme Court of the State of New York · 1922