¶1The sheriff here is not strictly in contempt; bail was put in, and the loss of the bail piece was probably occasioned by the miscarriage of the letter in which it was enclosed. In a suit on the bail bond, the defendant, under such circumstances, would have been relieved, and the sheriff is entitled to at least equal favor. On his putting in and perfecting good bail, and paying the costs of these proceedings, he is discharged.
2 Wend. 253
People v. Shoemaker
Decided February 15, 1829
New York Supreme Court · decided 1829-02-15
Attachment for not bringing in body. J. W. Wisner was arrested on a copias, returnable at the May term, 1828. Bail not being put in, a rule was entered, requiring the sheriff to bring in the body of the defendant within twenty days, or shew cause, notice of which was served on 2d September. At the October term an attachment was ordered, which was issued on the 2d February, on which the sheriff was brought into court; who now answered on interrogatories.
Decided 1829-02-15