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5 Cow. 413

Moody v. Baker

New York Supreme Court

Decided May 15, 1826

New York Supreme Court · decided 1826-05-15

Judgment being for the plaintiff, on the last day of last February term, the defendant’s attorney sued out a writ of error; the defendant entered into the usual recognizance, with two sureties, conditioned to prosecute the writ of error, Ac. before Throop, 0. Judge. On the 4th of April last, the defendant’s attorney served this notice on the plaintiff’s attorney; “ Elijah Baker ads. Parnell Moody, Ac.

Decided 1826-05-15

Per Curiam.

¶1The defendant’s notice was defective, in not setting forth the names, additions and places of residence of the bail. The defendant in error may guard against their incompetency or insolvency, by excepting and compelling them to justify, in the same manner as the plaintiff may do in case of bail to the action. For this purpose, he must have notice who they are. The plaintiff has therefore, been regular ; but as the proceeding, to bring error, and put in bail, was in good faith, let the execution be set aside on payment of costs; and the bail justifying in the usual way, if required.

¶2Rule accordingly.

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