New York Supreme Court, 1829

People v. Shoemaker

People v. Shoemaker
New York Supreme Court · Decided February 15, 1829 · Marcy
2 Wend. 253

Counsel

E. Dana, for plaintiff,

People v. Shoemaker

Opinion of the Court

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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