New York Supreme Court, 1799

Mabbit v. Bird

Mabbit v. Bird
New York Supreme Court · Decided January 15, 1799
1 Cole. & Cai. Cas. 70; 1 Cole. Cas. 65

Counsel

Woodworth for the defendants,, Bird, contra.

Mabbit v. Bird

Opinion of the Court

Per Curiam.

The principle contended for, by the counsel for the plaintiff, is correct. Equity powers only arise after forfeiture of a condition in the bail bond. .

The defendants must rely upon their plea of comperuit ad diem. But this decision is not to be understood as precluding defendants from applying here» after to the equitable interposition of the court.

Motion denied..

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