Dunham v. Macomber

Decided November 22, 1830

New York Supreme Court · decided 1830-11-22

The action in this case is debt on bond. The defendant is a female. The suit was commenced in Mny, 1829, and txvo individuals became special bail for the defendant. Under the provisions of (he revised statutes, 2 R S. 428, § 9, declaring that no female shall be imprisoned on arty process in any civil action founded upon contract, a motion is now made that an exonerelur be entered on the bail pieces in this cause.

Cited by 3 later decisions — most recently February 1843

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1830-11-22

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¶1By the Court,

Sutherland, J.

¶2Whenever the defendant is privileged from imprisonment in a civil action, (he bail are entitled to be discharged. In the case of a defendant who has obtained an insolvent discharge exempting his body from imprisonment, it is of course to discharge the bail. The fact of the suit having been commenced previous to the revised statutes going into operation does not prevent the granting of t his application. The law exempting a female from imprisonment affects the remedy only, and not. (lie rights of the plaintiff; wherefore the saving clause in the repealing act, 3 R. S, 779, § 5, has no application to this question.

¶3Motion granted.