Gale v. McAllister

Decided September 15, 1846

New York Supreme Court · decided 1846-09-15

■ Motion by defendant to'vacate an order holding defendant to bail. It appeared that this suit was an action for slander, commenced by capias, upon which was an order, endorsed by a supreme court commissioner, to hold the defendant to bail in the sum of $500.

Cited by 1 later decisions — most recently February 1897

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1846-09-15

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¶1Defendant’s counsel cited 7 Hill, 153; 1 Howard, 251; 2 id. 27, 110.

Bronson, Chief Justice.

¶2Held, that the affidavit upon which the defendant was held to bail was insufficient, and, Ordered, that'the order to hold to bail be vacated, and that the bail bond be delivered up and canceled.