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20 Johns. 129

Bailey v. Warden

New York Supreme Court

Decided August 15, 1822

New York Supreme Court · decided 1822-08-15

MOTION to set aside a justification of special bail. It appeared that the Sheriff of the county of Steuben, together with another person, had become special bail for the defendant, on the return of the writ of habeas corpus cum causa, in this cause; and that both of them justified before a com~ missioner.

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 1894

Good law ✅— No negative treatment on recordhow we know

Decided 1822-08-15

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Per Curiam.

¶1We have decided that an attorney is not good bail, if excepted to; and, for the same reason, we think a Sheriff ought not to become bail; and such is the rule of the English Courts, which do not allow any person concerned in the process of the Court to become bail. We, therefore, grant the motion, (a)

¶2Motion granted.

¶3 Vide 1 Dunl. Pr. 171. Str. 890. Doug. 466. 2 Bos. & Pull. 150. 15 Johns. Rep. 535.

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