Zimmerman v. Chrisman
New York Supreme Court
Action for an assault and battery. On an affidavit of an unprovoked assault upon and a grievous beating of the plaintiff, the defendant was held to bail in the sum of $400 under a judge’s order for that purpose. And now, moved to vacate the order on the ground that the affidavit did not show that the defendant was about leaving the state.
1Opinion of the Court
By the Court,
Bronson, J.
In actions for defamation, some special reason, beyond a good cause of action, must be shown for holding the defendant to bail; for example, that he is a transient person, residing out of the jurisdiction of the court. (Clason v. Gould, 2 Caines, 47; Van Vechten v. Hopkins, 2 John. 293; Norton v. Barnum, 20 id. 337.) The rule appears *154to be the same in actions for assault and battery. (Bagley's Cham. Prac. 74, 75.) In this case no sufficient reason was stated in the affidavit on which the judge’s order was made.
Motion granted.
2Cases cited2 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1807
- Clason v. GouldNew York Supreme Court · 1804