1 Johns. Cas. 412
Decided July 15, 1800
New York Supreme Court · decided 1800-07-15
- The capias in this cause was returnable at the last April term. The declaration was filed de bene esse, on the 6th of May. On the 11th of June the plaintiff received notice of special bail, and on the 13th excepted to the bail. The rule for bringing in the- body of the defendant having expired on the 11th of July, the .plaintiff refused tó accept of additional bail, unless they would justify.
Decided 1800-07-15
¶1There was no time at the last circuit to . try a junior cause, so that,, in truth, no trial has been lost. The defendants having sworn to merits, and as he tendered, on the 11th of July, the full amount in money as security, which was refused, and as bail has since justified, we think the motion ought to be denied, but -on payment by the sheriff of the costs of the rule to show cause, and of this motion.
¶2Ride refused.
¶3 See Gra. Prac. 2d edit. 165-167.