
    Burton vs. Temple.
    A defendant can not be held to bail in an action or tort, where it appears that he is a householder and freeholder residing in the county.
    
      Motion to vacate an order of supreme court commissioner, holding defendant to bail and for his discharge from arrest.—Facts: the ac etiam clause in the capias was for trespass, assault and battery, and on an affidavit of plaintiff stating the facts, an order was endorsed on capias holding defendant to bail; the defendant is a householder and a freeholder, residing in the city of Albany, where the order to hold to bail was granted.
    Cagger & Stevens, Defts Attys. John I. Burton, Atty in pro. per.
    
   Decision.—Motion granted with costs.  