O'Connor v. Moschowitz , 48 How. Pr. 451 ( 1875 )

The Court unanimously reversed the judgment, the chief judge stating that the sureties being sufficient in law, as shown by their sworn examinations, the justice was bound judicially to approve the undertaking and sign the order of removal. A judge should have no private reason—it must be a judicial reason and not an arbitrary, whimsical, capricious reason.