General
Wendover vs. Ball
1 Cole. Cas. 44·New York Supreme Court·1796·NY
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Opinion
Wendover vs. Ball.
A BAIL piece had been filed, containing the name of one real person, who had at the same time filed an affidavit of justification, and of one nominal person. A rule was then taken to bring in the body, or shew cause why an attachment should not issue against the sheriff; and now
Wood for the plaintiff, moved that the rule be made absolute.
[MAJORITY — Per Curiam.]
Per Curiam.
The practice of inserting only one real person in bail pieces, has generally obtained, but has passed because there has been no. opposition to it. It is requisite, if the plaintiff exacts it, that two real persons should become bail.*
But the sheriff stipulating to put in additional bail the motion was waived.
General Rule.
Sat ur BAY-
ORDERED, That on trials, one counsel only, on each side shall examine or cross examine a witness; and that two counsel only on each side shall hum up the evidence to the jury.