Legal Opinion
Smith v. Newell
New York Supreme Court
Decided February 9, 1832PublishedCited by 2 opinions
J. King moved to set aside a capias for irregularity, on the ground that a capias, issued in October last, was subscribed with the names of Fairlie, Hubbard and Paige as clerks, Mr. Fairlie having died previous to that time; and if unsuccessful in that motion, he then asked to mitigate bail.
1Opinion of the Court
By the Court,
Savage, Ch. J.
The name of the clerk, where the court sits at the time of the teste of process, is *485enough; it is not necessary that the names of all the clerks of the court should be signed to process. The motion to set aside the capias is therefore denied. The motion to mitigate bail is chamber business, and that also is denied.
2Cited by2 opinions
- McKay v. BatchellorSupreme Court of Colorado · 1875
- Doremus v. KinneyNew York Supreme Court · 1846