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12 Johns. 152

Bell v. Hall

New York Supreme Court

Decided January 15, 1815

New York Supreme Court · decided 1815-01-15

THIS was ah action tor a Mbel, originally commenced in the mayor’s court, of the city of New-York, where the. defendant was held to bail, according to the coiirse-and practice of that court, in'tjie sum of.5,000 dollars,.

Decided 1815-01-15

Per Curiam.

¶1It is the right'of the plaintiff, to" commence his action, if he thinks proper, in , the inferior court ;: and being entitled to bail in this action,, in that court,, he ought not to be deprived of it, by the act of the defendant, in removing thfe cause into this court. And it is the settled practicfe of thfe E. "B. in England,, that where the defendant is held to bail, in the court, below, he must, on removing the causé, put in bail on the habeas corpus. * ; . "...

¶2Motion denied,

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