People v. Shoemaker

New York Supreme Court

People v. Shoemaker

2 Wend. 253

DecidedFebruary 15, 1829

StatusPublished

This text of 2 Wend. 253 (People v. Shoemaker) 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 v. Shoemaker, 2 Wend. 253 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Marcy, J.

The sheriff here is not strictly in contempt; bail was put in, and the loss of the bail piece was probably occasioned by the miscarriage of the letter in which it was enclosed. In a suit on the bail bond, the defendant, under such circumstances, would have been relieved, and the sheriff is entitled to at least equal favor. On his putting in and perfecting good bail, and paying the costs of these proceedings, he is discharged.

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By the Court, Marcy, J.

The sheriff here is not strictly in contempt; bail was put in, and the loss of the bail piece was probably occasioned by the miscarriage of the letter in which it was enclosed. In a suit on the bail bond, the defendant, under such circumstances, would have been relieved, and the sheriff is entitled to at least equal favor. On his putting in and perfecting good bail, and paying the costs of these proceedings, he is discharged.

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Bluebook (online)

2 Wend. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shoemaker-nysupct-1829.