¶1The Court unanimously reversed the judgment, the chief judge stating that the sureties being sufficient in law, as shown by their sworn examinations, the justice was bound judicially to approve the undertaking and sign the order of removal. A judge should have no private reason—it must be a judicial reason and not an arbitrary, whimsical, capricious reason.
48 How. Pr. 451
O'Connor v. Moschowitz
New York Court of Common Pleas
Decided January 15, 1875
New York Court of Common Pleas · decided 1875-01-15
The appellant was sued in the district court in the city of New York, for the third judicial district, before justice Fowler, for an amount exceeding the sum of $100. After issue' joined, he tendered to the justice an “ undertaking on removing cause to the common pleas ” and a proposed “ order for such removal,” in pursuance of subdivision 3, section 3, Laws of 1857, chapter 344, page 707, district court act (Langbein’s District Court Practice, p. 41).
Cited by 3 later decisions — most recently March 1899
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1875-01-15
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