19 Wend. 153
Decided December 15, 1838
New York Supreme Court · decided 1838-12-15
Exoneretur of bail. The defendants were sued in this court as special bail on a recognizance entered into in the superior court of the city of New-York, in a suit prosecuted in that court. Within the first eight days of the term of this court succeeding the commencement of the suit against the bail, the principal was surrendered, and on such surrender the bail applied to the superior court for an order directing an exoneretur to 'be entered on the bail piece.
Decided 1838-12-15
¶1By the Court,
¶2The cases cited-are conflicting. Shuttle y. Wood holds that in an action in the king's bench on a recognizance taken in the common bench the court are to be governed in respect to the surrender of bail by the practice of the latter court; whereas the case of Fisher v. Branscombe holds that the practice of the court in which the action against the bail is brought should govern. I am disposed to adopt the latter case as a precedent, and therefore grant the motion.