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1 Barb. 247

Brooks v. McLellan

New York Supreme Court

Decided November 8, 1847

New York Supreme Court · decided 1847-11-08

This was a special action on the case for deceit. The defendant was held to bail on a judge’s order, and a motion was now made by him to vacate the order.

Cited by 1 later decisions — most recently October 1931

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1847-11-08

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Edmonds, J.

¶1The rule for holding to bail in actions of tort is, that in all cases where a judge’s order is necessary, something more must be stated in the affidavit than merely a cause of action. Some special cause must be shown in addition, such as, that the defendant is a non-resident, or that he is about to depart out of the state, and the like. A resident of the state cannot, in such cases, be held to bail, unless evidence is pro*248duced to justify the apprehension that he will not be within the jurisdiction of the court to answer the demand, when judgment shall be obtained against him.

¶2Order discharged.

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