Fowler v. Boardman & Hunt

New York Supreme Court

Fowler v. Boardman & Hunt

1 Cole. & Cai. Cas. 111, 1 Cole. Cas. 108

DecidedJuly 15, 1800

StatusPublished

This text of 1 Cole. & Cai. Cas. 111 (Fowler v. Boardman & Hunt) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fowler v. Boardman & Hunt, 1 Cole. & Cai. Cas. 111, 1 Cole. Cas. 108 (N.Y. Super. Ct. 1800).

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Opinion

Per Curiam.

The sickness of the defendant afforded sufficient excuse for not surrendering within the eight days. To the second objection, it appears, from the form of the sheriff’s certificate, that the principal surrendered himself, and it is to be presumed it was done voluntarily. However, if it were now a question, we incline to the opinion that special bail may depute, ex necessitate.

Let the defendant take the effect of his motion, on payment of costs.

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Per Curiam.

The sickness of the defendant afforded sufficient excuse for not surrendering within the eight days. To the second objection, it appears, from the form of the sheriff’s certificate, that the principal surrendered himself, and it is to be presumed it was done voluntarily. However, if it were now a question, we incline to the opinion that special bail may depute, ex necessitate.

Let the defendant take the effect of his motion, on payment of costs.

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Bluebook (online)

1 Cole. & Cai. Cas. 111, 1 Cole. Cas. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-boardman-hunt-nysupct-1800.