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1 How. Pr. 246

Arnold v. Thomas

New York Supreme Court

Decided September 15, 1845

New York Supreme Court · decided 1845-09-15

Motion by defendant to vacate an order to hold bail.—This was an action of trover; the affidavit to hold defendant to bail, is as follows: (title of the cause,) “ Cortland county, ss.

Decided 1845-09-15

¶1R was insisted by defendant, that the affidavit was insufficient, for the reason that the facts stated in it, did not show a conversion; the defendant might have hired the property from plaintiff.

Beardsley, Justice.

¶2Held the affidavit insufficient, for the reason mentioned, and decided that no order was necessary; that plaintiff could hold to bail of course, and defendant must apply to mitigate the amount or discharge on common bail. Order to hold bail vacated, without costs

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