Gilbert v. Bulkley & Chaflin
The Superior Court of New York City
This was a motion for the exoneration of the defendants, as bail, upon their surrender of the defendant in the original suit, and the payment of the costs of the action. It was resisted upon the ground that more than 20 days had elapsed since the commencement of the suit, and that as no further time had been granted, before the expiration of the 20 days, for making the surrender, the bail were fixed beyond the power of the court to discharge them.
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This was a motion for the exoneration of the defendants, as bail, upon their surrender of the defendant in the original suit, and the payment of the costs of the action. It was resisted upon the ground that more than 20 days had elapsed since the commencement of the suit, and that as no further time had been granted, before the expiration of the 20 days, for making the surrender, the bail were fixed beyond the power of the court to discharge them. The judges, however, consulted by Oaklet, Ch. J., were all of opinion, that whatever construction they might have been forced to give to § 191 of…
1Opinion of the Court
There appearing upon the papers sufficient reasons for thus exercising his discretion, the Chief Justice granted the motion.
2Cited by4 opinions
- Bank of Geneva v. ReynoldsNew York Supreme Court · 1860
- Brady v. . BrundageNew York Court of Appeals · 1874
- Baker v. CurtisNew York Supreme Court · 1860
- Brady v. BrundageNew York Court of Appeals · 1874