
    Zimmerman vs. Chrisman, impleaded, &c.
    To warrant an order for holding the defendant to bail in an action for an assault and battery, some special reason must be shown beyond a good cause of action; c. g., that he is a transient person, residing out of the jurisdiction of the court. The same rule is applicable to actions for defamation.
    Action for an assault and battery. On an affidavit of an unprovoked assault upon and a grievous beating of the plaintiff, the defendant was held to bail in the sum of $400 under a judge’s order for that purpose. And now,
    
      H. C. Whelpley, for the defendant,
    moved to vacate the order on the ground that the affidavit did not show that the defendant was about leaving the state.
    
      J. Percy, for the plaintiff.
   By the Court,

Bronson, J.

In actions for defamation, some special reason, beyond a good cause of action, must be shown for holding the defendant to bail; for example, that he is a transient person, residing out of the jurisdiction of the court. (Clason v. Gould, 2 Caines, 47; Van Vechten v. Hopkins, 2 John. 293; Norton v. Barnum, 20 id. 337.) The rule appears to be the same in actions for assault and battery. (Bagley's Cham. Prac. 74, 75.) In this case no sufficient reason was stated in the affidavit on which the judge’s order was made.

Motion granted.  