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Smith v. Newell

7 Wend. 484 Court N.Y. Sup. Ct. Decision date 1832-02-09 English

Delivered by Savage, Ch. J.

Contents

Majority

p. 484
Smith vs. Newell.

Headnote

It is not necessary that the names of all the clerks of the court should be sub. scribed to process; the name of the clerk where the court sits at teste of process, is sufficient.
A motion to mitigate bail is chamber business.
February 9.
J. King moved to set aside a capias for irregularity, on the ground that a capias, issued in October last, was subscribed with the names of Fairlie, Hubbard and Paige as clerks, Mr. Fairlie having died previous to that time; and if unsuccessful in that motion, he then asked to mitigate bail.

By the Court,

The name of the clerk, where the court sits at the time of the teste of process, is

p. 485
enough; it is not necessary that the names of all the clerks of the court should be signed to process. The motion to set aside the capias is therefore denied. The motion to mitigate bail is chamber business, and that also is denied.