7 Johns. 538
Decided February 15, 1811
New York Supreme Court · decided 1811-02-15
N. WILLIAMS, for the defendant, moved to discharge the defendant from the arrest, and to set aside the capias and proceedings in this cause. He read an affidavit, statin8>t that on the gth of October last the defendant was un(ier recognisance to appear at the next general sessions of the peace, to be held in Madison county, on the r first Tuesday of January last.
Good law ✅— No negative treatment on recordhow we know
Decided 1811-02-15
Cited by 11 later decisions — most recently January 1902
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The defendant was privileged from arrest, as it appears that he had no opportunity to apply to the court below to be discharged, and as this court ought not to suffer its process to be executed in violation of the privileges of other courts, the defendant must be discharged from the bail-bond, and the arrest, on filing common bail, unless the plaintiff should elect, as he may, to waive the arrest altogether, and issue new process.
¶2Motion granted.