People ex rel. Colvin v. Judges of Onondaga C. P.

New York Supreme Court

People ex rel. Colvin v. Judges of Onondaga C. P.

8 Cow. 120

DecidedFebruary 15, 1828

StatusPublished

This text of 8 Cow. 120 (People ex rel. Colvin v. Judges of Onondaga C. P.) 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

People ex rel. Colvin v. Judges of Onondaga C. P., 8 Cow. 120 (N.Y. Super. Ct. 1828).

Pincite

Opinion

Curia.

Though the appeal was by one defendant, the whole cause was removed; and the only question is, whether the bond should have made provision for payment, or a surrender of the bodies of both of the defendants before the justice. Ordinarily, this provision should extend to all the appellants; but in this case it would have been utterly useless as to Farnham, whose body had been discharged. His imprisonment must, of course, be followed by an immediate discharge; a. circuity which would be useless.

Motion denied.

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Curia.

Though the appeal was by one defendant, the whole cause was removed; and the only question is, whether the bond should have made provision for payment, or a surrender of the bodies of both of the defendants before the justice. Ordinarily, this provision should extend to all the appellants; but in this case it would have been utterly useless as to Farnham, whose body had been discharged. His imprisonment must, of course, be followed by an immediate discharge; a. circuity which would be useless.

Motion denied.

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Bluebook (online)

8 Cow. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-colvin-v-judges-of-onondaga-c-p-nysupct-1828.