Sanford v. Chase
This text of 3 Cow. 381 (Sanford v. Chase) 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 only question is, whether the defendant is to be discharged on filing common bail, or absolutely, from the suit. In Norris v. Beach, (2 John. Rep, 294) this Court discharged the defendant from the arrest, entirely and absolutely. In a subsequent case, (Bours v. Tuckerman, 7 John. 538) be was discharged on filing common bail. We adopt the first case. The privilege of a witness should be absolute. An arrest should not be valid even for the purpose of giving jurisdiction to the Court out of which the process issues ; more especially where the witness is attending from a foreign state.
Motion granted.
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3 Cow. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-chase-nysupct-1824.