Minturn v. Phelps
New York Supreme Court
A JUDGMENT was obtained in this cause, in May, jg07. A ca. sá. was issued to the sheriff of the city and - county of New-York, on the 14th day of July, 1807, which was returned in August, not found.
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A JUDGMENT was obtained in this cause, in May, jg07. A ca. sá. was issued to the sheriff of the city and - county of New-York, on the 14th day of July, 1807, which was returned in August, not found. The defendant was regularly surrendered by his bail in Ontario county, on the f ' 1 . ... 4th of August, 1807, and has since remained in custpdy, ^ ru^ was granted by the recorder of New-York, for the plaintiffs to show cause before him on the 9th day of July last, why a supersedeas should not issue to discharge the defendant, as he had been in custody above three months, on the surrender, without…
1Opinion of the Court
Per Curiam.»
In Brantingham's case, (Cole. Cases, 42, July term, 1796.) the plaintiff, after an application for a supersedeas, and before the time of appearance before the judge, charged the defendant in execution, and then, on the hearing, showed thht for cause; and all the judges held it to be sufficient. They were of opinion that the intent of the statute was to enable the defendant to put the plaintiff to his election, either to take the person of the defendant in execution, or to resort to his estate* The present case comes within the reason of that decision. The court are, therefore, of…
2Cited by3 opinions
- Norman v. MancietteU.S. Circuit Court for the District of Oregon · 1871
- Gray v. ThornberNew York Supreme Court · 1826
- Watt v. HealyNew York Supreme Court · 1880