Gallagher v. Flannelly

Decided June 15, 1840

New York Supreme Court · decided 1840-06-15

The plaintiff recovered judgment against Flannely in the New York common pleas. Flannelly brought a writ of error to this court, and on that occasion he, with the two other defendants in this suit as his sureties, executed a bond to the plaintiff pursuant to the statute. 2 R. S. 595, 26, 28. The writ of error was afterwards quashed, and the plaintiff brought this action on the bond.

Cited by 1 later decisions — most recently January 1875

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1840-06-15

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¶1By the Court,

Bronson, J.

¶2In action upon bail bonds and recognizances of, bail, the courts, grant relief upon terms, and as each court has its own rules of practice, such actions should, in general, be brought in the court where the original suit was prosecuted. Matthews v. Cook, 13 Wendell, 33. But this in an action- on an error bond, and if there has been a breach of the condition, I am not aware that this, or any other court can grant equitable relief, as is done in suits on bail bonds and recognizances of bail. There is no reason, therefore, for restricting the action to the court in which the proceeding originated.

¶3Motion denied.