People v. Calhoun
3 Wend. 420 | N.Y. Sup. Ct. | 1829
By the Court,
The magistrate misapprehended his duty in refusing the adjournment unless his fees for drawing the bond were paid. The payment of the fees was not a condition precedent to the adjournment of the cause; and the magistrate erred in withholding from the party his right on account of the non-payment of them. We therefore advise the court of sessions to proceed to judgment.
