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1 How. Pr. 251

Campbell v. McCormick

New York Supreme Court

Decided September 15, 1845

New York Supreme Court · decided 1845-09-15

Motion by defendant to vacate an order of Supreme Court commissioner and to mitigate bail.—This was an action of slander, commenced by capias, on which was endorsed an order by a Supreme Court commissioner to hold defendant to bail.

Decided 1845-09-15

Beardsley, Justice.

¶1Ordered that the original order to hold to bail be set aside, and the bail'bond delivered up (without costs) on the ground that the plaintiff did not state in his affidavit what the conversation was, or what defendant said, that the officer granting the order might judge as to whether it afforded reason to believe defendant was about leaving the county.

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