People ex rel. Tomb v. Judges of the county of Washington
This text of 1 Cow. 576 (People ex rel. Tomb v. Judges of the county of Washington) 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.
Opinion
The proceedings of the Common Pleas were altogether irregular. The statute prescribes what security shall be given to ensure a hearing; and that when the Court of Common Pleas become possessed of the cause, they shall, upon application of either party, and by rules adapted to the case, cause the parties to proceed, with all reasonable diligence, to the hearing of the cause. They cannot require additional security beyond that prescribed in the statute. Suppse a defendant gives bail, who justify.: These bail become insolvent before trial : Was it ever heard or [579]*579thought of, that the Court may require him to give additional bail, upon penalty of being refused a hearing for his non-compliance ? To allow of this proceeding would be perverting the plain intent and purpose of the statute, to which the Common Pleas must be confined.
Rule for a peremptory mandamus.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
1 Cow. 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-tomb-v-judges-of-the-county-of-washington-nysupct-1823.