Citation Numbers: 2 Hill & Den. 379
Judges: Nelson
Filed Date: 1/15/1842
Status: Precedential
Modified Date: 1/12/2023
By the Court,
The settled practice of this court is to require each of the bail to justify in double the amount ordered. In Cromelines ads. Beldens, (1 Wend. 107,) this practice was departed from, but the case was made an exception to the general rule .on account of the magnitude of the demand; and the learned judge who delivered the opinion of the court expressly repudiated the intention of making it a precedent in ordinary cases. Perhaps the rule of the K. B. in England, which requires a justification to the extent of only 1000l. more than the debt sworn to when that amounts to 1000l., is the most reasonable one; (1 Arch. Prac. 86;) but we have not adopted it.
Ordered accordingly.