2 Wend. 293
Decided May 15, 1829
New York Supreme Court · decided 1829-05-15
Motion to set aside proceedings for irregularity. This is an action on a bail bond. At the last February term, viz. on the 6th March, a rule was granted setting aside the proceedings in this cause, upon the payment of the plaintiff’s costs of suit, and of the motion, and putting in and justifying bail in the original action within twenty days, giving eight days notice of justification.
Cited by 2 later decisions — most recently June 1856
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1829-05-15
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¶1The proceedings must be set aside, with costs to be paid by the plaintiff. The defendant was not bound to pay the costs ordered by the rule of February term until they were taxed ; and the justification at the time and place appointed, although before an officer other than the one named in the notice, was good, especially as there is no allegation of the plaintiff having been misled.
¶2Motion granted.