Ward v. Mozer & Mervin

New York Supreme Court

Ward v. Mozer & Mervin

19 Wend. 153

DecidedDecember 15, 1838

StatusPublished

This text of 19 Wend. 153 (Ward v. Mozer & Mervin) 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

Ward v. Mozer & Mervin, 19 Wend. 153 (N.Y. Super. Ct. 1838).

Pincite

Opinion

By the Court,

Cowen, J.

The cases cited-are conflicting. Shuttle y. Wood holds that in an action in the king's bench on a recognizance taken in the common bench the court are to be governed in respect to the surrender of bail by the practice of the latter court; whereas the case of Fisher v. Branscombe holds that the practice of the court in which the action against the bail is brought should govern. I am disposed to adopt the latter case as a precedent, and therefore grant the motion.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Cowen, J.

The cases cited-are conflicting. Shuttle y. Wood holds that in an action in the king's bench on a recognizance taken in the common bench the court are to be governed in respect to the surrender of bail by the practice of the latter court; whereas the case of Fisher v. Branscombe holds that the practice of the court in which the action against the bail is brought should govern. I am disposed to adopt the latter case as a precedent, and therefore grant the motion.

Cite This Page — Counsel Stack

Bluebook (online)

19 Wend. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-mozer-mervin-nysupct-1838.