¶1The capias has been rightly issued; but undoubtedly the quantum of bail cannot depend on the plaintiff’s demand, but must rest in our discretion, which should be regulated by the amount of the probable balance. But here the defendant has been guilty of two defaults in not appearing before the auditors ; and therefore let him give bail in 1000 dollars, to appear before the auditors and account, &c.
3 Yeates 83
Keppele v. Zantzinger
Decided December 15, 1800
Supreme Court of Pennsylvania · decided 1800-12-15
Account render. Judgment quod computet had been entered last September term, and auditors had been appointed by the court. Two several days had been fixed by the auditors to take the account, but the defendant had made default. Whereupon Mr. Levy for the plaintiff, issued a capias ad computandum against him, and marked bail in 20,000 dollars. now moved to dischargé the bail, or at least to moderate the sum.
Decided 1800-12-15