In re Livingston

New York Supreme Court

In re Livingston

8 Johns. 351

CourtNew York Supreme Court

DecidedAugust 15, 1811

StatusPublished

Cited by1 cases

This text of 8 Johns. 351 (In re Livingston) 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

In re Livingston, 8 Johns. 351 (N.Y. Super. Ct. 1811).

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Opinion

Per Curiam.

A judge is not liable to arrest, by process issuing out of his own court. He is to be proceeded against by bill. In this case the defendant put in bail, and then moved to be discharged, and the court below set aside the whole proceeding as irregular. In some [352]*352cases the party privileged is discharged altogether from. arresti as being deemed irregular. (Sir. 985.) In other cases, the party is relieved from the arrest on. filing common bail. This will depend upon the rules and practice of the court. There is nothing in this case that calls for our interference.

Motion denied.-

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Per Curiam.

A judge is not liable to arrest, by process issuing out of his own court. He is to be proceeded against by bill. In this case the defendant put in bail, and then moved to be discharged, and the court below set aside the whole proceeding as irregular. In some [352]*352cases the party privileged is discharged altogether from. arresti as being deemed irregular. (Sir. 985.) In other cases, the party is relieved from the arrest on. filing common bail. This will depend upon the rules and practice of the court. There is nothing in this case that calls for our interference.

Motion denied.-

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Bluebook (online)

8 Johns. 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-livingston-nysupct-1811.

Opinion

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