4 Johns. 185
Decided February 15, 1809
New York Supreme Court · decided 1809-02-15
<p>Where bail was put in, and the plaintiff entered an exception on the bail-piece, and afterwards proceeded in the cause, without any justification of bail, or new bail, and obtained a judgment, it was held to amount to a waiver of bail, and that he could not proceed against the bail, to whom he had excepted. No formal notice of a waiver of hail is necessary.</p>
Cited by 2 later decisions — most recently February 1864
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1809-02-15
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¶1The defendants were entitled to mané this application at any time; and they have applied, as soon as they were called on, as bail. The case of Humphrey v. Leite (4 Burr. 2107.) is in point. There has been a waiver of bail in this case, and no formal notice of the waiver was necessary. The motion must be granted, with costs.
¶2Rule granted.